- (1.) THE applicant was a Member of a purchase Committee in his capacity as Unit Accountant of Construction and Design Service, U.P. Jal Nigam, Barabanki. This purchase Committee is said to have facilitated the contracts for supply of certain items under the National Rural Health Mission. It is alleged that this was manipulated through several firms but the applicant pleads innocence that he was only a Member of the said purchase Committee wherein the work was actually done after the survey was conducted by one Mr. Katar Singh, the resident Engineer and the applicant was nowhere concerned with the same. The funds that were allocated for such purchase under the contract was misappropriated without following any procedure worth the name. The contracts were concluded for supply with the firms at exorbitant rates and under a conspiracy through a firm known as M/s Surgicoin Mediquip Pvt. Ltd. Sri Manu Khare contends that according to the norms of the purchase Committee, the applicant had no role to play and, therefore, his involvement in the conspiracy has no foundation.
(2.) LEARNED Counsel submits that the allegation is absolutely unfounded and in such circumstances, there being no credible evidence against the applicant, he is entitled to be enlarged on bail. It is further submitted that the applicant does not have any criminal antecedents and he is in Jail since 3.4.2012.
(3.) IT is to be noted that all the three bail applications are first bail applications in the same case crime number, but it is on account of addition of certain sections and separate rejection orders that these 3 applications have been filed by the accused applicant and, therefore, are being dealt with simultaneously. Sri Anurag Khanna on the other hand for the C.B.I. has opposed the bail applications and has extensively taken the court through the prima facie material which indicates that the applicant's signatures are available on the bills indicating the clear involvement and conspiracy of the applicant who was equally responsible alongwith the other Members of the Unit and which has been categorically stated in the charge -sheet. Sri Khanna has then invited the attention of the Court to paragraph No.16 (d) (xv) in particular alongwith paragraph Nos. (xviii) and (xxi), to urge that the charge -sheet clearly discloses the prima facie evidence that has been collected, and in view of the magnitude of the crime and extensive involvement of the applicant in syphoning of the funds, the applicant does not deserve to be enlarged on bail.;