RAJNEESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present applications under Sec. 438 Cr.P.C. have been filed by the accused-applicants seeking anticipatory bail apprehending their arrest in FIR registered by the Central Bureau of Investigation (for short 'CBI') EO-1, New Delhi in RC No.219 2019 E 0004, Police Station CBI/EO-1, New Delhi, under Ss. 120-B read with 420, 468 and 471 IPC and Sec. 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and substantive offences thereof.

(2.) The facts, in brief, are that M/s H.K. Enterprises is a partnership firm and it has two partners, Harmesh Kumar and Ravindra Ahlawat. A case was registered on 10/6/2019 on the basis of a complaint dtd. 15/1/2019 of Sri Pawan Kumar Gaur, AGM/Regional Head, Union Bank of India (UBI), Regional Office, Meerut, U.P. alleging that borrowers and guarantors i.e. M/s H.K. Enterprises and its partners during the period of September, 2017 entered into a criminal conspiracy and in pursuance thereof, they submitted false/forged documents along with the loan application. On the basis of these documents, a Cash Credit Limit of Rs.20.00 Crores was sanctioned to M/s H.K. Enterprises on 24/10/2017 by Union Bank of India, Regional Office, Meerut on the recommendations of the Union Bank of India, Mid Corporate Branch, Kaushambi, Ghaziabad.

(3.) The propose for which the loan/Cash Credit Limit was sanctioned, was for wholesale trading/supplying of building materials such Bricks, Cement, Steel, Rodi, Marble, Tiles and Wood, including plywoods, woodboard and hardboard etc. Subsequently, two temporary overdrafts for Rs.64.00 Lakhs were also sanctioned.