AKHILESH MISHRA Vs. STATE

JUDGEMENT

(1.) The present application has been filed under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') by the applicant seeking grant of interim bail for a period of 3 months in case FIR bearing no. 264/2022, registered at Police Station Crime Branch, New Delhi, under Ss. 170/389/387/465/ 471/120B/34 of Indian Penal Code, 1860 ('IPC").

(2.) The present FIR was registered at PS Crime Branch, Delhi on the complaint of Sh. Vipul Kaushik, which he had filed on behalf of Sh. Hardev Singh SB, who is the Industrial Unit President of Nippon Paint India Ltd. having its office in Mumbai and Vipul Kaushik is the channel partner of the company. In the complaint, Sh. Hardev Singh had alleged that on 8/11/2022, he had received two separate notices of Enforcement Directorate on his Whatsapp, one for his appearance and another for his colleague Kumar Hakim (who is the Director of procurement in the factory situated at Nippon Paint India - Mumbai), directing Hardev Singh and Kumar Hakim to appear before Enforcement Directorate officer Manoj Kumar Teekla in his office in Delhi on 14/11/2022. On 10/11/2022, the same notices had also been received by them via speed post. Hardev Singh had further alleged that on 5/11/2022, before receiving the said notice of the Enforcement Directorate, one Akhilesh Mishra (who is the supplier of solvents on commission basis in Nippon Paint India) had called Kumar Hakim and had told him that a big trouble was about to come over Hardev Singh however, he could help him to get rid of that trouble with the help of his contacts in Ministries. On 8/11/2022, Akhilesh Mishra had again called Kumar Hakim and confirmed about the trouble. On 10/11/2022, Hardev Singh had asked Kumar Hakim to meet Akhilesh Mishra in this regard. Thereafter, Kumar Hakim had met Akhilesh Mishra, who had demanded Rs.2.003 crores to settle the matter and had also asked Kumar Hakim to arrange a meeting with Hardev Singh. On 11/11/2022, Hardev Singh had informed Enforcement Directorate, Delhi about the said notices through his friend Vipul Kaushik, and from the office of Enforcement Directorate, Delhi, Hardev Singh had come to know that the said notices were fake. Accordingly, to catch the culprits red-handed, Hardev Singh had kept his conversation going on with Akhilesh Mishra and Darshan Harish Joshi (who is the buyer of mix solvents from Nippon Paint Ltd., Mumbai) to settle the matter. Akhilesh Mishra and Darshan Harish Joshi had told Hardev Singh that they have to visit Delhi to manage the matter at a higher level in the department, for which Hardev Singh has to bear their expenses and thus, Hardev Singh had arranged their flight tickets from Mumbai to Delhi and had also booked a room in Hotel The Ashok in Delhi.

(3.) On 14/11/2022, the Enforcement Directorate, New Delhi, had informed Crime Branch, Delhi that some individuals were attempting to extort money from a person, who lives in Mumbai, under the guise of being Enforcement Directorate officials. Thereafter, a raid was conducted at Hotel the Ashok, Chankyapuri, Delhi by Crime Branch, Delhi along with the officials of ED and a representative of the complainant i.e. Sh. Vipul Kaushik. During the raid, the accused persons Akhilesh Mishra, Darshan Harish Joshi, Vinod Kumar Patel, Dharmender Kumar Giri and Naresh Mahto were arrested. During the investigation, it was revealed that a person had arrived at the Ashok Hotel in a Ciaz car on which "Government of India" had been written. Accused Akhilesh Mishra, Darshan Harish Joshi, and Vinod Kumar had introduced him to Vipul Kaushik as the official of the Enforcement Directorate. The said person had impersonated himself as an officer of the Enforcement Directorate and had threatened the complainant to settle the matter or else he would get an arrest warrant issued against Hardev Singh. The accused persons had also disclosed that the said fake ED officer and other accused persons were present at Gole Market, Delhi. A raid was conducted near Gole Market, Delhi, and accused persons namely Devender Kumar Dubey (who had impersonated himself as an ED officer), Asrar Ali and Vishnu Prasad were arrested. It was also revealed that one Gajendra @ Guddu had driven the Maruti Ciaz car to the Ashok Hotel with fake ED official i.e. Devender Dubey. Thereafter, Gajendra @ Guddu was arrested and the said Maruti Ciaz car bearing registration number HR 51 CG 8834, on which "Government of India" was written was also recovered and seized in the present case. On 15/11/2022, during the investigation, complainant Vipul Kaushik had further revealed that on 14/11/2022, after meeting with the fake ED official at the Ashok Hotel, Delhi, Akhilesh Mishra had threatened to kill him and Hardev Singh, if they did not pay the money. On the basis of this additional information, Sec. 387 of IPC was added in the present case. On 18/11/2022, during further investigation, accused Arun Kumar Singh was also arrested in the present case on the basis of disclosure statements made by the accused persons and Call Detail Records (CDR). During the investigation, call recordings were found in the mobile phone of Akhilesh Mishra, which revealed the active participation of Darshan Harish Joshi in this conspiracy.