SHYAMAL CHAKRAVARTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all the three bail applications arose from same case being Complaint No. ECIR 02/2018, registered U/s 45 of the PMLA on 03.11.2018 they are being heard together and disposed by this common order. It appears that the Complainant Anih Kumar, Assistant Director( PMLA), Directorate of Enforcement filed Charge-sheet No.05/2011 dated 10.08.2011 has been filed by the CBI, Ranchi U/s 120B, 420,467,468,471 IPC and section 13(1)(c), 13(1)(d) r/w section 13(2) of the P.C.Act. Further, another Charge-sheet No.06/2011 dated 50.09.2011 has been filed the CBI, Ranchi U/s 120B,420,477A IPC and section 13(2) R r/w section 13(1)(d) of the P.C.Act. Further, another Charge-sheet no.12/2013 dated 31.08.2013 has been filed by CBI. Ranchi U/s 109 IPC and section 13(2) r/w section 13(1)(e) of the P.C.Act. From perusal of Charge-sheet no.05/2011, it appears that it has been alleged by the CBI, Ranchi that Rs.31.68 Cores were squandered out of NRHM funds by the public servants namely, Shri Bhanu Pratap Sahi, Dr. Pradeep Kumar ( petitioner in BA No.5626/2019), Dr. Vijay Shankar Narayan Singh, Shri Madan Mohah Prasad, Shri Pradyut Mukherjee & others in collusion with private persons namely, Shri Nand Kishore Fogla, Shri Rajesh Fogla, Shyamal Chakravarty ( petitioner in BA No.5484/2019) and others.

(2.) It is further alleged that these persons entered into criminal conspiracy and dishonestly and fraudulently cheated the Government of India as well as the State Government of Jharkhand by awarding the tender for purchase of 5000 litres o disinfectant, 300 pieces of fogger machines and 1000 pieces of dispenser at exorbitant rates in favour of M/s Nand Kishore Fogla, which caused wrongful loss to the tune of Rs. 13,62,13,600/-. Further allegation levelled in different FIRs and at para-3 of the writtn report it has been mentioned that Dr. Pradeep Kumar ( petitioner in BA No.5626/2019) had acquired movable and immovable properties from his criminal activities to the tune of Rs. 96,60,616/- and the Movable Assets ( term deposit) has also been described to the tune of Rs. 42,97,554/-. The total value of Immovable + Movable Properties comes to Rs. 1,76,38,427/-. It appears that during purchase of the property, the bank account of the Rajendra Kumar ( petitioner in BA No.5984/2019) in the Bank of India, Shyamali Branch, Ranchi was also scrutinized on 29.01.2007 which reveals that Rs. 3,60,000/- was credited to the account of Rajendra Kumar. From perusal of para-13 of the complaint, it appears that Shyamal Chakravarty hasm purchased property at Udaipur by Rajendra Kumar ( petitioner in BA No.5984/2019) to the tune of Rs. 3,00,000/- have been credited from the Rhea Enterprises, a firm controlled by Shyamal Chakravarty ( petitioner in BA No.5484/2019) without any basis. Further, it appears that Shyamal Chakravarty ( petitioner in BA No.5484/2019) has arranged the transaction of property at Udaipur on behalf of Dr. Pradeep Kumar and was granted general power of attorney by him. Dr. Pradeep Kumar did not even visit the site and entire arrangements were made by Shyamal Chakravarty. Shyamal Chakravarty had many financial dealings with the various offices where he was incumbent. This reveals the deep nexus between Shayamal Chakravarty and Dr. Pradeep Kumar for laundering of proceeds of crime.

(3.) The written report further reveals that there is close nexus among Dr. Pradeep Kumar, Shyamal Chakravarty and Rajendra Kumar which reveals the fact that a flat in Sugam Hemant Apartment was purchased jointly by Nand Lal HUF ( Karta- Rajendra Kumar) and Shyamal Chakravarty. Learned counsel for the informant has filed counter affidavit in BA No.5626/2019 and opposed the prayer for bail of the petitioners. It is submitted that petitioner Shyamal Chakravarty ( in BA No.5484/2019) in is custody since 01.06.2019, petitioner Dr. Pradeep Kumar ( In BA No.5626/2019) and petitioner Rajendra Kumar ( In BA No.5984/2019) are in custody since 03.06.2019. It is further submitted that the Enforcement Directorate has completed the investigation and submitted final form and in compliance of section 207 Cr.P.C police papers have been supplied to the petitioners and the counsel for the Enforcement Directorate is present in the Court.