Mr. Anant Bijay Singh, J. - (1.) All the four anticipatory bail applications are heard together and disposed of by this common order, as all the cases are arising out from the same R.C. Case i.e. R.C. 13(A)/2014-R under Section 120B read with Sections 420, 468, 471 and 511 read with Section 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, pending in the court of Shri B.K. Tiwari, Special Judge, C.B.I., Ranchi.
(2.) As the facts are common in all the cases, so illustration taken from A.B.A. No. 2014 of 2016 Harish Gupta @ Babli. As per prosecution case one Sri Manoj Kumar, DGM (Vigilance), MECON Ltd., Ranchi, Jharkhand submitted a complaint to the Superintendent of Police, C.B.I., ACB Branch, Ranchi alleging therein that one Sri Suresh Chandra Jain, DGM (Scientific), MECON, Ranchi (petitioner in A.B.A. No. 2654 of 2016) had submitted unauthorized letters/reports pertaining to the Integrated Steel Plant of M/s. Bhushan Power & Steel Limited (BPSL) to Rengali, Odisha in conspiracy with one Rajesh Das, DGM (SMS), MECON, Ranchi. It is alleged that MECON has been providing design, engineering and consultancy services to M/s. Bhushan Power & Steel Limited (BPSL) for their steel plant at Rengali, Odisha for preparation of reports on Environmental Impact Assessment (EIA)/Environmental Management Plan (EMP) as well as Techno-Economic Feasibility Report (TEFR) for their 2.8 MTPA Expansion of their Integrated Steel Plant at Rengali, Odihsa. While the above ELA/EMP Report was completed by MECON in March 2012, the Techno-Economic Feasibility Report could not be completed mainly due to non-availability of detailed information and data to be provided by M/s. Bhushan Power & Steel Limited. A number of communication were received from various banks seeking confirmation in respect of certain reports/letters pertaining to the Integrated Steel Plant of M/s. Bhushan Power & Steel Limited at Rengali, Odisha, which was submitted to them, but purportedly signed by Dr. S.C.Jain, DGM, MECON, Ranchi. Upon perusal of copies of above said letters/reports received from various banks, the MECON confirmed that the above said letters/reports have not been prepared or submitted by or on behalf of MECON to any client or agency. The matter was informed inter-alia to respective banks and to the Economic Advisor, Ministry of Finance, New Delhi. On the basis of these allegations, the instant case has been instituted.
(3.) It is submitted by learned counsel for the petitioners that petitioner Harish Gupta @ Babli (in A.B.A. No. 2014 of 2016), Arun Kumar Agarwal (in A.B.A. No. 2015 of 2016), Jyoti Shankar Sahay (in A.B.A. No. 2027 of 2016) and Ram Naresh Yadav (in A.B.A. No. 2028 of 2016) are working as DGM (Finance), Chief Finance Officer, Executive Director (Technical) and Director (Technical) at M/s. Bhushan Power & Steel Ltd. respectively and they are is not a public servant, hence they do not come under the definition of Prevention of Corruption Act. It is submitted that during course of investigation whenever they were summoned, they fully cooperated to the CBI personnels and the CBI after completion of the investigation has submitted final form on 30.01.2016 and learned Special Court has taken cognizance under Sections 120(B), 420, 468, 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act on 02.02.2016 and summons have been issued. Pursuant to that they have filed anticipatory bail application in the court below, which was dismissed by the Special Court, hence, the anticipatory bail application.;