- (1.) THIS application has been nominated to this Bench under orders of Hon'ble the Chief Justice. A supplementary -affidavit has been filed by Sri Dileep Kumar, learned Advocate for the applicant that is taken on record.
(2.) LEARNED Counsel for the applicant, who has been heard at length has invited the attention of the Court particularly to the order of rejection in the first bail Application of the applicant dated 31.1.2013, and the direction given by the learned single Judge on 24.3.2014 who was previously hearing this bail Application, calling for the information of the status of the trial in the court below. The Supplementary -affidavit brings on record the order -sheet to demonstrate the status of the trial and the contention that the trial has not proceeded at all, the fault whereof cannot be attributed to the applicant.
(3.) THE applicant is a contractor, who had been given the contract to install a Modular Operation Theatre in 44 districts of various Hospitals of the State of Uttar Pradesh. He is implicated in the NRHM scam and is an accused where the main charge is that the rates of the goods supplied were far higher than the goods that were available at normal rates in the market and credible prima facie evidence showing the complicity of the applicant being available, the applicant has been charge -sheeted and is behind bars since 30.5.2012. Sri Dileep Kumar has raised a contention that the first bail Application was rejected in view of the information given to the Court by the learned Counsel for the C.B.I. that the investigation in this is still going on and in case the applicant is granted bail, he may influence the witnesses. Sri Dileep Kumar submits that such a statement was absolutely incorrect inasmuch as the Charge -sheet has already been submitted and the investigation was going on in relation to the other co -accused hence such a consideration was absolutely immaterial.;