- (1.) THE applicant was Director General, Family Welfare holding acting charge between 27.7.2010 and 17.1.2011. The allegations against him are of having conspired in a way so as to cause a huge loss to the exchequer in the supply of medicines and purchase of equipments at much higher rates and he has been charged for misappropriation under the provisions of the Prevention of Corruption Act and the provisions of the Indian penal Code in R.C. No. 2(A) of 2012, under Section 120B, 420, 409, 468, 471 I.P.C. & under Section 13(2)/13(1)(D) of P.C. Act, Police Station - C.B.I./S.C. II Delhi in what is known as the NRHM Scam.
(2.) THIS bail application had been earlier heard by another learned Single Judge in the year 2012 and 2013 and orders had been reserved on 29.8.2013 whereafter it was again directed to be listed for being heard on merits on 22.10.2013. The Hon'ble Chief Justice was thereafter pleased to nominate this matter to this bench for being heard in 2014, whereafter affidavits have been exchanged that have been considered and the matter has been heard by me.
(3.) THE contention of Sri Kautilya, learned counsel for the applicant is that the coaccused A.K. Bajpai who was the main culprit and who had allegedly manipulated the tenders with the aid of other kingpins, has been granted bail by the High Court in Bail Application No. 17220 of 2013 and so have the other coaccused who were the predecessors in office and successors in office of the applicant. He submits that it was the then Principal Secretary, Sri Pradeep Shukla, who was responsible for all this and who has also been bailed out by the Supreme Court. There is no role which may indicate any misappropriation on the part of the applicant as neither the applicant has made any direct payment nor has he released any amount that may lead to an inference of any misappropriation on the part of the applicant.;