- (1.) Heard Sri Manish Tiwary, learned counsel for the applicant and Sri Vikas Chandra Mishra, Advocate holding brief of Sri Amit Misra, learned counsel for the C.B.I.
(2.) This application has been moved by the applicant to be enlarged on bail in a Special Case No. 10 of 2016 (CBI vs. Yadav Singh and others) RC No. DST/2015/A/0004/CBI/STF/DLI/2015 under sections 120-B read with 420, 109, 468, 471 IPC and 13(2) read with 13 (1) (d) Prevention of Corruption Act and substantive offences under sections 420, 468, 471 IPC police station CBI/STF, New Delhi till the pendency of the trial in below.
(3.) In brief, the case of the prosecution is that in the month of March, 2011, NOIDA Authority decided to initiate process of laying of underground cable at Udyog Marg and MP 1 Road. The project was divided into three parts and the cost of these projects was estimated at Rs. 9202.06 lakhs. The estimates for these projects were prepared by Shri Rajiv Kumar the then J.E. and put up to be recommended by Shri Ramender, Project Engineer, E&M II and Shri Yadav Singh, the then Chief Maintenance Engineer gave his approval for the project and forwarded the same for the financial and administrative approval to Deputy CEO. After due approval of the Competent Authority, the tenders were called and received in the month of March itself. Although the projects were divided into three parts and three different firms were allotted the work but in the F.I.R. only two projects related to the Udyog Marg were part of the complaint and were subjected to investigation which was conducted by local police/CB CID. The tenders were opened in the month of November 2011 and finally allotted to two different L-I parties namely, M/s. JSP Constructions and M/s. Tirupati Construction Company in the month of December, 2011. M/s. RITES was appointed as Third-Party Quality Control Agency for NOIDA for this work. In the month of June, 2012, an Enquiry Committee was appointed by the CEO of NOIDA Authority to look into the allegations pertaining to the allotment of tenders of Rs. 954 crores in a short span of eight days and the irregularities in the award of the aforesaid two projects. After the recommendation of Enquiry Committee, the CEO had ordered for registration of a criminal case and accordingly, case crime no. 371 of 2012 was registered at P.S. Sector 39 - Noida, Gautambudh Nagar, U.P. on 13/6/2012. The investigation of the case was taken up by CBI under the direction of High Court of Judicature at Allahabad, Lucknow Bench. On the investigation it was revealed that on 20/02/2011, the then Chief Minister had visited Noida and had expressed anguish and dissatisfaction over the general condition of the roads, plantations, drainage system etc. and had directed for beautification of Noida in a time bound manner. In pursuance thereof, the matter was taken up in the 171st NOIDA Board Meeting of NOIDA Authority for converting the overhead electric lines into underground in different sectors in Noida. The investigation revealed that in pursuance to the decision taken by NOIDA Board for converting the overhead lines into underground, Yadav Singh (A-1), while functioning as CME (Jal)/Chief Engineer (Grade-II), NOIDA Authority, Noida entered into a criminal conspiracy during the year 2011 with the officers of NOIDA Authority including Ramendra (A-2), the then Project Engineer, E&M-II, Devi Ram Arya (A-3), the then APE, E&M-II, Rajiv Kumar (A-4), the then JE, E&M-II, Jai Pal Singh (A-5), the then APE, E&M-II, RD Sharma (A-6), the then JE E&M-II, Om Pal Singh (A-7) the then Junior Engineer (on contract basis) all from NOIDA Authority and other private accused persons VK Goel (A-9), Managing Partner, M/s. Tirupati Constructions Company Pradeep Garg (A-10), Managing Director, M/s. NKG Infrastructures, Pankaj Jain (A-11), Partner, M/s. JSP Constructions, in which it was decided that works related to conversion of overhead cables into underground cable system (i) from Sector 14-A Sandeep Paper Mill, Sector-6 Noida (ii) from Sandeep Paper Mill to Jhundpura Police Chowki, Sector-8, Noida, and (iii) from Electrical Sub Station (ESS) Sector-19, Noida to Sector-12, 22 and 56 T-point on MP-1 Road, Noida would be allotted to M/s. Tirupati Constructions, M/s. JSP Constructions and M/s. NKG infrastructures respectively.;