- (1.) THESE two applications are the first bail applications of the applicants before this Court who are the then Managing Director of the U.P. Projects Corporation Ltd. Mr. Devendra Mohan and the then General Manager (Commercial) of the same Corporation Mr. Ravindra Rai. They are involved in the NRHM scam whereby the funds under the said mission were misappropriated and the matter came to light after directions were issued in a public interest litigation to investigate the matter whereafter the C.B.I. undertook the investigation and ultimately several accused persons including the then Principal Secretary, Health and Family Welfare, were implicated in the case. The U.P. Project Corporation Ltd. was manipulatedly selected for the purpose of awarding the supply contract for which proposals were manipulated, the evidence whereof has been collected by the C.B.I. in the shape of the statement of the earlier Mission Incharge Mr. Chanchal Kumar Tiwari dated 20.9.2012. This reference to the said statement is being made in order to cut short the lengthy facts that have led to the lodging of the FIR and the applicants being charge sheeted in the said scam on the entire evidence collected.
(2.) THE applicants are in jail for the past more than 1 1/2 years and the applicant no.1 Devendra Mohan is reported to have attained the age of superannuation. Both the applicants are in jail since 9.5.2013.
(3.) THE scam relates to the supply, installation and commissioning of 36 Modular Operation Theaters and Air Conditioning/Air Handling Units for the purpose of upgradation of 40 District Hospitals under the said scheme. Several other works were to be undertaken which are already detailed in the bail application. The allegations that have been made against the applicants are that they under a conspiracy have managed the syphoning of the said funds by awarding contracts to favour selected firms at rates that were not only exorbitant but were accepted on the basis of no survey reports or fake survey reports. The allegation of manipulation at the behest of the then Minister Incharge Mr. Babu Singh Kushwaha coupled with the direct involvement of the then Principle Secretary, Health, Pradeep Shukla are the foundation of the charges against the applicants. The charge sheet that has been filed mentions the evidence indicating the said manipulation and conspiracy resulting in a huge loss of exchequer to the tune of several crores. This was done surreptitiously to award contract to one M/s Surgicoin Medequip Pvt. Ltd. for the said purpose to ensure that the contract is secretly executed. The manner in which manipulations were carried out have been alleged in the charge sheet and has thus resulted in the custody of the applicants who are facing trial.;