- (1.) This bail application in the NRHM Scam was initially filed praying for release in RC No.1 (E) of 2012 under Sections 120-B/420/409/468/471 IPC and Section 13 (2) r/w Section 13 (1)(d) of the Prevention of Corruption Act, 1988, in which the F.I.R. was registered on 2.1.2012. A charge-sheet was also submitted. The applicant's bail application had been earlier rejected by the court below but not under Section 13 (1) (c) for which a fresh bail was filed and the same was also rejected by the court below on 24.8.2012 stating therein that it was part of the earlier rejection order. Charges were framed against the applicant under Section 8 of the Prevention of Corruptions Act, 1988, read with Section 13 (1) (d) (ii) where after the applicant filed another bail application which was rejected on 7.12.2013 under the aforesaid section as well.
(2.) The present bail application was initially filed for the sections under which the applicant was initially charged but later on application No.551 of 2014 has been filed and has been connected along with this bail application, thus, there are 2 bail applications namely 19483/2012 and 551/2014 which have been heard by me together.
(3.) Sri Gopal Chaturvedi, learned Senior Counsel assisted by Sri A.K. Mishra, has urged that the role of the applicant does not in any way indicate his involvement in the conspiracy even though he has been projected to be a signatory of the Committee that evaluated the tenders and processed the file. The applicant was the then Resident Engineer against whom the allegation is that the tendered documents were prepared to facilitate the award of contract to particular firms whose Directors and Representatives entered into a criminal conspiracy with the applicant B.N. Ram Yadav, the then Resident Engineer and the present applicant along with one Mr. J.K. Singh, the then Unit Accountant, Katar Singh, the then Resident Engineer and one Mr. B.N. Srivastava, the Project Manager. It is alleged that they abused their official powers as public servants in collusion with the representatives of the private firms and forged rate estimates without making any comparison with the rates of other departments or conducting any actual market survey. They documented their report in a way that had suited the interest of private entrepreneurs in getting contracts of certain items for up-gradation of 134 hospitals in the State of U.P. under the NRHM Scheme.;