BRAJENDRA SINGH BHADOURIYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application on behalf of the petitioner namely Brajendra Singh Bhadouriya (A-27) filed through his pairokar/wife Smt. Shashi Devi, under Sec. 439 read with Sec. 482 Cr.P.C for the grant of regular bail in FIR No. RCBDI/2014/E/0004/CBI/BS&FC New Delhi dtd. 19/2/2014.

(2.) It is submitted that the above FIR came to be registered pursuant to the directions of the Hon'ble Supreme Court vide order dtd. 12/3/2013 in Civil Appeal No. 6572 of 2004 in the matter of M/s PGF Ltd. Vs. Union of India and Ors. First charge sheet in the matter was filed on 7/4/2016 and the present petitioner/accused was not named therein, though reference to him appeared in the same. The petitioner had been joining the investigation and cooperating by providing information/documents as sought, from time to time, by the CBI. In the supplementary charge sheet, which was filed on 31/12/2021, the petitioner was named along with other accused persons as accused no. A-27. CBI filed the supplementary charge sheet without arresting the petitioner/accused. The petitioner was summoned by the court pursuant to filing of the supplementary charge sheet. The petitioner had duly appeared before the Ld. Special Judge, CBI and moved a bail application. However subsequently, on his appearance, the petitioner was taken into custody by the court on 27/4/2022, rejecting his bail application. The petitioner continues to be in judicial custody since then.

(3.) On the other hand, this application is strongly opposed by the CBI. Ld. Special Public Prosecutor submitted that the present case relates to a ponzi scheme whereby the principal perpetrator companies M/s Pearl Agrotech Corporation Ltd. ('PACL' in short) and M/s PGF Ltd. ('PGF' in short), cheated more than 5.4 crore small investors of their hard-earned money to the tune of approximately 45,000 crores. He submitted that the present petitioner was posted as Patwari at the relevant time and there are grave charges against him of being instrumental in helping in preparation of bogus/fake sale deeds of non-agricultural land.