- (1.) THIS bail application has been filed in the background that the applicant is an accused in the NRHM scam. The status of the applicant, the allegations against him and the charge sheet mentioning the evidence collected have all been discussed in the first bail application rejected by me vide order dated 16.5.2014, copy whereof has been filed as Annexure 3 to this application. It is not necessary to reproduce or quote the same as it extensively deals with the case on merits and relying on the judgment of the Apex Court in the case of Y.S. Jagan Mohan Reddy v. CBI, 2013 7 SCC 439 I had refused to grant bail to the applicant.
(2.) THE said order also takes notice of the fact that the applicant had also challenged his charge sheet in a 482 Cr.P.C. proceeding before a learned Single Judge of this Court which was also dismissed by a detailed judgment that is reported in 2013 (4) ADJ page 628 and the applicant had withdrawn the Special Leave Petition filed against the same on 22.3.2013.
(3.) AGAINST the bail rejection order the applicant had approached the Apex Court but the S.L.P. was withdrawn on 30.7.2014 by the following order : - "UPON hearing the counsel the Court made the following ORDER Shri K.V. Viswanathan, learned senior counsel for the petitioner, on instructions, seek permission of this Court to withdraw the Special Leave Petition. Permission sought for is granted. The Special Leave Petition is disposed of as withdrawn. However, liberty is reserved to the petitioner to approach the Trial Court for grant of regular bail after six month's time by filing an appropriate petition. If and when such a petition is filed, the Trial Court will consider the same in accordance with law on its own merits." This had been done after a supplementary charge sheet was filed on 16.7.2014 whereby according to the learned counsel for the applicant a large number of witnesses were introduced and a huge pile of documents was also introduced through the supplementary charge sheet. " Learned counsel for the applicant has invited the attention of the Court to para 16.4 of the said supplementary charge sheet. It would be apt to quote paragraphs 16.1 to 16.5 of the said supplementary charge sheet that has been filed along with the bail application as Annexure 4 and is extracted hereinunder : - "16.1 The instant case RC -220 -2012 -E -0003 is one of the NRHM Scam cases registered in CBI, EOU -IV/EO -II, New Delhi on the basis of a complaint received from Shri Raman Tyagi, Addl. Supdt. of Police, IO of PE -220 -2011 -E -0005. The case pertains to the alleged irregularities in up -gradation of 89 district level hospitals of Uttar Pradesh as approved for the year 2010 -11 under National Rural Health Mission (NRHM) by way of supply and installation of Modular OTs and AC units. It is the outcome of Preliminary Enquiry No.PE -220 -2011 -E -2005, CBI, EOU.IV/EO -II, New Delhi dated 19.11.2011, registered in compliance of order dated 15.11.2011 passed by the Hon'ble High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No.3611 of 2011 (PIL) [Sachidanand Versus State of U.P. and Other], Writ Petition No.3301 of 2011 and Writ Petition No.2647 of 2011 (PIL) [Anand Vikram, Advocate Versus Union of India and Others]. In the said order, the Hon'ble High Court has directed CBI to conduct Preliminary Enquiry into the matter of execution and implementation of National Rural Health Mission (NRHM) scheme and utilization of funds at various levels during such implementation in the entire State of Uttar Pradesh and register Regular Case in respect of persons against whom prima -facie cognizable offence is made out and proceed in accordance with law. This case was registered on 18.01.2012 u/s 120B r/w 420, 465, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 against Sh. Pradeep Shukla, the then Principal Secretary, Health and Family Welfare, Government of Uttar Pradesh and others for cheating the Government funds. 16.2. It was alleged in the FIR that accused persons namely S/Sh. Pradeep Shukla, IAS, the then Principal Secy., H& FVW, Govt. of U.P., Girish Malik, Sh. Manvender Chadha, M/s Surgicoin through its Director Naresh Grover, M/s Anod Pharma though its director Rakesh Tondon, M/s Unicure India Pvt. Ltd., Noida through its Director, Sh. Abdul Mateen, Officials of UPPCL, namely Devendra Mohan, the then MD, Ravindra Rai, GM, SB Pandey, GM, Masood -ul -Hasan, GM, MK Jain, Project Manager, Ashok Vajpayee a close associates of Pradeep Shukla and some other unknown persons were parties to a criminal conspiracy during the period 2009 -10, the object of which was to cheat the NRHM funds placed at the disposal of UP PCL in the matter of construction of Modular OTs and setting up of AC/Air handling units in 36 district hospitals which resulted in a loss of Rs.25 lacs per OT per hospital. M/s Surgicoin Medequip Pvt. Ltd. subsequently supplied/installed Modular OTs and AC Units in various hospitals at exorbitant rates. Thereby, accused Naresh Grover and his other co -accused persons have caused wrongful pecuniary loss to the Government to the extent of Rs.25 lacs per hospital and corresponding wrongful pecuniary gain to themselves. 16.3. That investigation conducted into the aforesaid allegations, established that accused persons namely; (1) Pradeep Shukla, IAS, the then Principal Secretary, Medical Health and Family Welfare, Govt. of UP, (2) Devendra Mohan, the then Managing Director, UPPCL, (3) Ravindra Rai, General Manager, UPPCL, (4) Naresh Grover, Managing Director, M/s Surgicoin Medequip Pvt. Ltd. (5) Babu Singh Kushwaha, the then Minister, Family Welfare as well as Minister of Cooperative, Government of Uttar Pradesh, (6) Ram Prasad Jaiswal and (7) M/s Surgicoin Medequip Pvt. Ltd. through its MD Naresh Grover were parties to a criminal conspiracy during the period 2009 -10, the object of which was to cheat the NRHM funds in the matter of up -gradation of 40 district level hospitals on the basis of forged and bogus documents. M/s Surgicoin Medequip Pvt. Ltd. supplied/installed Modular OTs and AC Units in 36 hospitals at exorbitant rates. Thereby, accused Naresh Grover and other co -accused persons in connivance with each other have caused wrongful pecuniary loss to the Government to the extent of Rs.6.02 crores approx. and corresponding wrongful pecuniary gain to themselves and as such a charge sheet was filed against the said accused persons/company before this Hon'ble Court on 07.12.12 for commission of offences punishable U/s 120B, r/w 420, 468 and 471 of IPC and Section 13(2) r/w 13(1)(d) of PC Act 1988 and substantive offences thereof and cognizance of the offences has been taken by this Hon'ble Court. This hon'ble court was intimated vide application dt. 12.08.2013 to conduct further investigation in the matter. 16.4. During the course of further investigation some of the witnesses of UP Project Corporation Ltd., have been further examined with a view to ascertaining the current position with regards to the quantity of material received by their respective units and the details of payments made thereof to M/s Surgicoin Medequip Pvt. Ltd. as some errors in respect of such details had crept in their respective statements recorded earlier and which were submitted to this hon'ble court along with the charge sheet. Thereafter their further statements were recorded in the light of the relevant documents, which are being submitted along with the charge sheet. All the witnesses have stated the correct position vis -a -vis the receipt of material and the payments made to the company M/s Surgicoin Medequip Pvt. Ltd. in their further statements. All the witnesses admitted to have received the materials for installation of Modular OTs and AC units, supplied by M/s Surgicoin Medequip Pvt. Ltd. at their respective units and after processing the bills, the payment was accordingly released as per the agreement executed between UPPCL and M/s Surgicoin Medequip Pvt. Ltd. It is established that the bills produced by M/s Surgicoin Medequip Pvt. Ltd. were processed/passed for payment by the respective officers/officials. The original bills/invoices raised by M/s Surgicion Medequip Pvt. Ltd. for claiming the payments and processed by the concerned units along with the relevant Measurement Books have already been submitted in the court along with the charge sheet. 16.5 During the course of investigation it is established that the actual cost of one modular OT and AC unit at the relevant time comes to Rs.33 -34 lacs only which is proved during the investigation from the statement of Sh. Sunl Dutt, Prop. of M/s Creative Engineers and Medical systems, Greater Noida. Thus the allegation of wrongful pecuniary loss to the Government to the extent of Rs.25 lacs per hospital and corresponding wrongful pecuniary gain to the accused persons is established.";