- (1.) The present Criminal Misc. Application under Section 482 of the Code of Criminal Procedure has been filed by Pradeep Shukla, who was the then Principal Secretary, Health and Family Welfare, U.P. Government at Lucknow with the prayer that the condition imposed by the trail court while granting bail to the applicant in Bail Application No. 757 of 2016 filed in Special Case No. 29 of 2015 arising out of Crime Case No. R.C. No. 1 (A)/2012/CBI/SC-III/ND under Section 120-B/420,409 of the Indian Penal Code read with Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act and Substantive Offence 409 of the Indian Penal Code and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, P.S. C.B.I./SC-III/ND., for deposit of Rs. 50,00,000/- (Rupees fifty lacs only) may be struck down.
(2.) It is appropriate for this Court to record the facts in short leading to the present application.
(3.) A welfare scheme in the name and style of "National Rural Health Mission" (hereinafter referred to as the "NRHM") was launched by the Central Government on 12th April, 2005 with a view to provide accessible, adequate, affordable, accountable and reliable health care to the public at large specially to the poorer section of the society residing in remote areas. This scheme was to be implemented by the State Government and for the purpose a Memorandum of Understanding (MoU) was entered into between the Central Government and the State of Uttar Pradesh on 22nd November, 2006. It appears that in all, a total sum of Rs. 8579.38 crores was released by the Central Government for the State of Uttar Pradesh for proper implementation of the scheme.;