B.A. No.1028/2023
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MHCC020173832023
IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO.1028 OF 2023
Aman Kumar @ Rupesh Narendra Verma
Age : 33 years,
Residing at : A- 203, Aman Greens,
Block -A, Bhuiphore Mandir, Dhanbad,
Jharkhand
Permanent Address : Mahalpur, Sharif,
Nalanda Ц 803101
.. Applicant/accused
Versus
CBI, ACB, Mumbai
.. Respondent/prosecution
Shri. Irfan A. A. Ansari, Advocate for applicant/accused
Shri. Vimal Soni, SPP for respondent/prosecution.
CORAM :
S. H. GWALANI, SPECIAL JUDGE
COURT ROOM NO.48
DATED :
1st DECEMBER, 2023
ORAL ORDER
This is an application for bail under section 439 of the Code of
Criminal Procedure for offence punishable under sections 120-B, 420,
467, 468, 471 of the Indian Penal Code and sections 7 and 7-A of the
Prevention of Corruption Act, 1988 (as amended in 2018).
2.

As per contention of applicant/accused, he is nowhere related to
the alleged offences made against him by the CBI with a complaint of
B.A. No.1028/2023
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defacto complainant with false and foisted allegations. He is nothing to
do with alleged offence. Prima facie the case was foisted by the defacto
complainant on unknown accused person without disclosing certain
dates and communication between the accused persons and defacto
complainant.
prosecution
Applicant
alleged that
has
no
criminal
antecedents.

during searches of applicant
Though,
various
appointment letters, stamps of Government and cash were recovered, so
also, from the office search of Ajay Kumar G, forged letters were
recovered and from Vishal Kumar Bharti @ Abhishek Singh various
incriminating chats in mobile phones recovered, however, prosecution
has not explained the facts properly relating to their modus-operandi
and also not disclosed the chain of events. Prosecution has neither
disclosed the names of unknown public servants nor private persons for
which his custodial interrogation is required. Applicant is innocent. He
will co-operate with investigation and abide by such terms and
conditions as this Court may deems fit and proper. Accordingly,
applicant prayed for his release on bail.
3.

CBI through learned SPP has filed reply vide Exh.02, reiterated
the case of prosecution and strongly opposed the application by
contending that it is alleged in FIR that in October, 2022, complainant
Ajay Pandurang Patil was approached by his known, Ajay Kumar, who
told that he knows some officers from various departments like Food
Corporation of India (FCI), Railways, GST, Income Tax etc. and he can
get job in any of these departments. Complainant discussed the same
with some of his known job-seekers and consequently, initially two
people i.e. Gaurav Gharate and Dinesh Jadhav, agreed to pay the said
security deposit as demanded by Ajay Kumar on behalf of Government
B.A. No.1028/2023
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officials. After paying the said security deposit, both of them were given
job offer letter through email agmhrms@fcigov.org.in.
4.

After seeing the said two people getting job offer letters, other
people known to complainant also approached him for job. Accordingly,
complainant introduced 24 such needy people including Gaurav
Gharate and Dinesh Jadhav to Ajay Kumar as per his proposal. Out of
the said 24 people, 18 people have already received offer letters
through various modes like email/post and said 18 people have
undergone training at various places like Dhanbad, Patna, Nokha in
Bihar, Arwal in Bihar, Kolkatta and Mumbai. All 18 students joined the
training but none of the student received salary regularly. As per
selected job-seekers version, few of them received salary in first 2-3
months either in cash or through account. Further, complainant was
told by said 18 people that the place of training is being changed every
now and then, and the training given at the training centers is very
basic and repetitive. Therefore, as per feedback from said 18 people,
complainant found the jobs suspicious and hence, he consulted some
Government Officials who told him that no Government department
takes security Deposit amount before joining. Then, he countered Ajay
Kumar about this fact who asked complainant not to worry as he is in
touch with senior officers of the above said department. In short,
complaint dated 02.11.2023 came to be filed by the complainant Ajay
Pandurang Patil and on the basis of said complaint, crime came to be
registered on 08.11.2023 for offence punishable under section 120-B of
the IPC and section 7 and 7-A of the PC Act, 1988 (as amended in
2018) against accused Ajay Kumar and other accused persons namely
Rupesh (applicant), Biraba Patil, Abhishek, Deepak Mandal and Smt.
Sandhya, as well as unknown private persons and unknown public
B.A. No.1028/2023
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servants. During the course of investigation, Sections 420, 467, 468 and
471 IPC were added as per facts came on record.
5.

CBI has denied the contentions of applicant/accused and
explained the detail nature of investigation, incriminating material and
amounts were seized from the accused and further contended that CBI
has reasonable apprehension that in case the accused is admitted to bail
he would definitely try to influence the prosecution witnesses.
Investigation of case is at initial and crucial stage and important
witnesses including complainant and victims/job seekers are yet to be
examined completely. Role of unknown public servants are yet to be
investigated to unearth the whole racket of fake jobs and trainings.
Statements of the witnesses are yet to be recorded. All bank accounts of
accused are yet to be identified and recovery of ill-gotten money yet not
traced fully. Accordingly, prayed for rejection of the application.
6.

I have perused case diary, bail application, reply and record
produced by both parties. I have also given thoughtful consideration to
the rival submission of both sides as per their respective contentions in
application and reply.
7.

After perusal of record it appears that after registration of instant
case, searches were conducted at Bengaluru, Mengaluru, Mumbai,
Patna and Dhanbad at different locations which resulted in recovery of
various forged appointment letters/Forms filed by candidates, Stamps of
various Government Department and letter heads. During the course of
investigation, it also revealed that in Mumbai and Patna, accused
persons were running training centers in the name of Government
Department and various persons were undergoing training after joining.

B.A. No.1028/2023
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Applicant along with other accused persons were preliminarily
interrogated and their mobile phones/Laptop were scrutinized which
revealed that FIR named accused hatched conspiracy and connivance
with to some unknown public servants/private persons cheated gullible
job-seekers in the name of Government job, prepared forged
appointment letters, got it posted to the candidates or handed over
personally, called them to designated training Centers, even in some of
cases given salary in cash for short period and thereafter use to give
false promises to get some other job or giving repeated training at some
other places. It is also revealed that FIR named accused persons using
fake names.
8.

Record further speaks that during the course of investigation, it
also revealed that applicant/accused Aman Kumar was impersonating
as Rupesh and co-accused Vishal as Abhishek Singh. Even they have
Aadhar card in both the names. These accused persons shared ill-gotten
money with each other either though banking channels or in cash.
During the investigation, details of the amount so paid by the said 24
people as security deposit, the details of the Central Government
department in which they were offered a job, total amount which they
paid for the same along with details of the account in which partial
security deposit was transferred from various places like Nashik, Dhule,
Ratnagiri, Sindhudurg etc. through banking channel from October, 2022
to August, 2023, has been reveled.
9.

During the course of argument, learned advocate for applicant/
accused seeks to rely upon the authority in the case of Dnyaneshwar
Tukaram Karche Vs. The State of Maharashtra, Bail Application No.549
of 2017 decided on 2nd March, 2017 by the HonТble High Court and
B.A. No.1028/2023
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Sunil Vitthalrao Botare Vs. The State of Maharashtra through Dy. SP,
ACB, Amravati and another, Criminal Application (BA) No.76 of 2019,
decided on 7th February, 2019 by the HonТble High Court, wherein it has
observed that:
This being a trap case, the major part of the investigation is
over at the time of drawing of the panchanama. The
marked G.C. notes which were used as bribe money, is also
recovered by the police. The statements of the panchas are
also recorded.
From the transcript of the recorded
conversation, as submitted by the learned Prosecutor, it
appears that the applicant/accused might have made a
demand of illegal gratification earlier also, however, prima
facie this is the first offence. Accordingly, the HonТble High
Court released the applicant/accused on bail.
10.

However, such is not the case in hand. This case is related to the
defrauding of helpless desperate young jobseekers by applicant and
other co-accused persons who mercilessly played and ruined dreams of
getting a decent job for livelihood of him and for other family members.
There are specific allegations against the accused persons pertaining to
Уforged employment and collecting money from various job seekers.
The total magnitude of amount involved is in crores of rupeesФ. The
crime has multiple social implications. The crime has taken place
allegedly at several geographical locations.
11.

During investigation it also revealed that accused Ajay Kumar was
the first contact person for job seekers/victims who further introduced
them to other co-accused persons. Record speaks that investigation
revealed that, applicant Aman Kumar @ Rupesh introduced himself to
all as main in-charge of the genuine training institute and all the
trainings for all victims/job seekers. After scrutiny of bank accounts of
B.A. No.1028/2023
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victims and applicant/accused it is revealed that the victims/job seekers
deposited large amounts through various modes like cash deposit
machine, UPI transactions, RTGS and NEFT transfer in to the account of
other co-accused. Amount of Rs.13,75,000/- was also subsequently
transferred in the account of applicant Aman Kumar @ Rupesh.
12.

During searches at premises of applicant Aman Kumar @ Rupesh,
various forged/fake appointment letters/stamps of Government of India
were recovered along with cash of Rs.14,11,000/-.

From the office
search of accused Ajay Kumar G, forged letters were recovered and from
accused Vishal Bharti various incriminating chats in mobile phones are
recovered. This fact disclosed that applicant had knowledge about the
whole conspiracy. Investigation revealed that, on the instructions of
applicant, accused Vishal was making logistics arrangements for picking
up candidates from various places to fake training centers. Record
further speaks that during preliminary interrogation it revealed that
applicant is deeply involved in the instant crime and parted with Crores
of rupees received from candidates for providing Government job in
FCI, Railway, CGST and Income Tax in connivance with other coaccused persons and he was not disclosing the facts and circumstances
and his complete role.
13.

Role and complicity of applicant is thus, revealed through case
papers and FIR. Defence of the applicant/accused pertaining to his non
invovlment in the crime is unlikely to be considered at this stage for the
reason mentioned in the aforesaid paragraphs of the order. Therefore,
considering
the
total
magnitude
of
amount
involved,
forged
employment and collection of money from various candidates/victims, I
found reasonable apprehension in the submission of CBI that in case if
B.A. No.1028/2023
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the applicant/accused is released on bail then he would definitely try to
influence the prosecution witnesses. Apprehension of prosecution that
applicant may flee from the justice cannot be brushed aside lightly.
14.

It is pertinent to note that prosecution witnesses are mainly
victims/job seekers from rural area, lower middle class family. Prima
facie it appears that applicant/accused has committed the alleged crime
in a planned manner and with cool mind in connivance with other coaccused. These types of offences are more serious and harmful to the
Nation/society. Admittedly, investigation of present case is at crucial
stage. Important witnesses including complainant and victims/job
seekers are yet to be examined. Role of unknown public servants is yet
to be investigated to unearth the whole racket of fake jobs and
trainings. Therefore, defence on the basis of remand application and
submission of applicant/accused that he is innocent is too premature to
be considered at this stage. It is so because investigation is in prgoress
and yet tobe completed. Actual nature of transaction is yet tobe
unrevealed and unearth. Recovery is yet to be done. Thus, in sum and
substance, allegations against applicant/accused in the FIR are specific
and detail names of the accused are mentioned in FIR. Therefore, I hold
that in order to prevent such type of offene as well as investigation is at
initial stage, no case is made out by the applicant for grant of bail.
Hence, I pass following order:
ORDER
Bail Application No.1028 of 2023 stands rejected and disposed of
accordingly.

Date : 01.12.2023
(S. H. Gwalani)
Special Judge, CBI
Gr. Bombay
B.A. No.1028/2023
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УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
04.12.2023, 1.00 p.m.
UPLOAD DATE AND TIME
Mrs. S. P. Pawar
Stenographer (Grade – I)
Name of the Judge (With Court H.H.J. Shri. S. H. Gwalani
Room No.)
C.R.No.48
Date of Pronouncement of
JUDGMENT/ORDER
01.12.2023
Order typed on
04.12.2023
JUDGMENT/ORDER signed by P.O. 04.12.2023
on
JUDGMENT/ORDER uploaded on
04.12.2023