,,,
Mahabir Singh Sindhu, J",,,
1) Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of bail pending trial to the petitioner in FIR No.358,,,
dated 08.09.2018, under Sections 420, 406, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (for short 'IPC'); Sections 4, 5, 6 of the Prize Chits",,,
and Money Circulation Schemes (Banning) Act, 1978 (for short '1978 Act') and Section 3(2) of the Haryana Protection of Interest of Depositors (in",,,
Financial Establishment) Act, 2013 (for short '2013 Act'), registered at Police Station Sadar Fatehabad, District Fatehabad.",,,
2) Allegations against the present petitioner are that he being one of the promoters of Future Maker Life Care Pvt. Ltd. (hereinafter referred as,,,
'Future Maker Company'), having its Head Office at D.S.S. 45, Red Square Market, Hisar (Haryana), duped large number of persons to the tune of",,,
more than Rs. 2956 Crores.,,,
Above FIR was registered on the basis of written complaint made by one Anil Sihag to the effect that Future Maker Company has appointed various,,,
agents throughout country for selling its products and collected crores of rupees in cash by inducing innocent persons, thereby causing loss of tax to",,,
the Government running into crores of rupees. Innocent persons are persuaded to invest with this Chit Fund Company and instead of investing the,,,
collected amount, the Future Maker Company indulges in illegal business activities worth crores of rupees on daily basis. The Future Maker Company",,,
is neither having any product; nor any manufacturing unit; rather it has tie-up with other Companies and it does not purchase any goods. The,,,
transactions are limited only to papers, which are totally bogus and frivolous. The Future Maker Company receives approximately Rs. 10 crores in",,,
cash daily from its agents at Hisar Office without issuing any receipt and throughout the Country, approximately Rs. 40 crores are collected daily by",,,
the Company. Upon receipt of cash amount from its agents, Future Maker Company issues bills for the products after taking IDs, but no product is",,,
supplied to them and only the profit is passed on to the agents on the basis of fictitious bills. The Future Maker Company, after receiving the amount in",,,
cash from agents, issues the bill of its products @ Rs. 7500/- per ID and remits the money into their bank accounts as commission.",,,
For an example, if someone deposits Rs. 2,52,000/- in cash, after 15 days, the Future Maker Company upon taking ID of other person, issues different",,,
bills of the products and induces such person that an amount of Rs. 5 Lakh would be deposited in his bank account after a period of 24 months. The,,,
Future Maker Company is not paying any income tax and it issues half the actual number of bills only. Although, the Future Maker Company is having",,,
one Office at Village Dhangar, but there is no product and only by taking the IDs from the agents, general public is misled.",,,
3) Contends that petitioner is in custody since 19.09.2019 and after investigation in the matter, challan qua him has already been presented on",,,
20.11.2019 (P-2), but charges are yet to be framed. Further contends that petitioner is neither the promoter; nor Director of the Future Maker",,,
Company, rather he was running two Companies, namely, Virat Bazaar Pvt. Ltd. & White Resolution Pvt. Ltd. and used to supply material i.e.",,,
ayurvedic medicines to the Future Maker Company; sale/purchase were duly reflected in the record of the above two Companies and even Goods &,,,
Services Tax (for short 'GST') was also paid. Further contends that police have intentionally victimized the petitioner while raising the doubt about the,,,
functioning of his above two Companies and moreover, on account of the Covid-19 pandemic, trial is likely to take sufficient long time, thus, further",,,
incarceration of the petitioner would not serve any purpose.,,,
On the other hand, learned State Counsel opposed the prayer while submitting that petitioner fabricated the documents to show the supply of goods by",,,
his two Companies for misappropriation of the money siphoned off from Future Maker Company. Also submitted that petitioner in conspiracy with the,,,
main accused i.e. Bansi Lal, MD, swindled an amount of Rs. 46 Crores received from the Future Maker Company, which is duly proved from his",,,
bank accounts and also purchased immovable properties in his name as well as his wife-Pooja. Further submitted that there are total 28 FIRs,,,
registered against the Future Maker Company in different States and petitioner actively participated in the scam as a facilitator. Again submitted that,,,
as a matter of fact, Future Maker Company is having no product, but running Chit Fund activities throughout the country leading to the evasion of",,,
income tax running into crores of rupees and even an amount of Rs. 398 Crores is due on account of non-payment of the GST. Also submitted that,,,
investigation in the matter is still going on and out of total 31 accused, 10 are evading the arrest despite non-bailable warrants issued against them.",,,
Lastly submitted that prosecution is making best efforts for bringing all the accused to justice and in case petitioner is released on bail, he is most likely",,,
to hamper the pending investigation.,,,
Learned Counsel for the complainant supported the pleas raised on behalf of the State while submitting that petitioner has played an active role in the,,,
commission of present fraud against the large number of victims throughout the country by projecting that the Future Maker Company used to,,,
purchase the products from his two Companies, which actually do not exist. Also submitted that co-accused, who are yet to be arrested, openly",,,
claiming through social media, including Whatsapp that all the accused are likely to come out very soon after getting clean chit and they will resume",,,
their business as usual.,,,
4) Heard learned Counsel for the parties and perused the paper-book.,,,
5) At the outset, it is necessary to mention here that apart from the crime, mentioned above, there are 27 other FIRs registered against the Future",,,
Maker Company as well as beneficiaries, who conspired for commission of the present scam spread in various States i.e. Haryana, Telangana,",,,
Rajasthan, Madhya Pradesh, Andhra Pradesh, Jharkhand, Uttar Pradesh and Maharashtra.",,,
6) Record reveals that Future Maker Company was incorporated on 26.02.2015 with total share capital of Rs. 10 Lakh by two co-accused, namely,",,,
Radhey Shyam and Bansi Lal in equal share. As per Article of Association, the main objects of the Company are as under:-",,,
“1. “To do the business as trading, buyers, sellers, stockiest, retailers, wholesalers, suppliers, distributors, marketing, advertisement or otherwise",,,
deal in electronic items, general use items, Fast moving consumer goods, fabrics, health, life care products, Spices, Tea and all other kinds of goods",,,
and services and general use items on direct selling basis or selling through Network Marketing, online shopping and Network Business.",,,
2. To carry on all type of selling and purchasing activities directly or indirectly (both in internal and external markets on its own or as sales, purchase",,,
or commission, agents and brokers), to act as Service Agents for providing services, after sales and other technical services, to carry on business as",,,
marketing, technical consultants both in internal and external markets.",,,
3. To act as selling agents, sales organizers as well as consultants, agents and advisors in all the respective branches, to appoint advisors and to open",,,
branches and in such capacity to give advice and information and render services to persons, firm, company or body incorporate or authority or",,,
government which may be given or rendered while carrying in such business as aforesaid.,,,
4. To carry out market research, launch advertisement campaign, and to do all such things as may be necessary for the promotion of sales of any",,,
products or article.â€,,,
Sr.
No.","Name of owner of the
property",Description of Property,Year
1,"Virat Bazaar Pvt. Ltd.,
Director Rajiv Sharma
(Petitioner)","Registry No.285 dated 01.08.2018,
Gayatri Industries, Jhadmajri, Baddi,
Solan (H.P.)",2017-2018
2,"Virat Bazar Pvt. Ltd.
Director Rajiv Sharma
(Petitioner)","20 Acre 3 Kanal 11 Marla land, Rampur
Gainda Bilaspur, Yamunagar vide
Registry No.1478 dated 13.11.2018;
1 acre 1 Kanal 12.6 Mala land, Rampur
Gainda Bilaspur,
Yamunanagar, vide Registry No.1479
dated 13.11.2018",2018-2019
3.,"Pooja wife of Rajiv
Kumar (petitioner)","1. 6 Kanal land of Samanabahu Karnal
NH-1, GT Road Delhi- Chd. vide
Registry No.1256 dated 19.09.2018;",2018-2019
,,"2 12 Kanal 12 Marla land of
Samanabahu Karnal NH-1 GT Road
Delhi-Chd, vide Registry No.1257 dated
19.09.2018;",
,,"3. 5 Kanal 8 Marla land of Samanabahu
Karnal NH-1 GT Road, Delhi-CHD vide
Registry
No.1258 dated 19.09.2018",
4,"Pooja wife of Rajiv
Kumar (petitioner)","Registry No.5173 dated 24.08.2017
house 385 square feet, Holi Mohalla,
Karnal",2017-2018
