SIDDHARTHA BEHURA Vs. CBI

JUDGEMENT

(1.) This order shall dispose off an application filed by the petitioner, Siddhartha Behura (A-2), the former Secretary, Department of Telecommunications, for grant of regular bail in respect of 2G Spectrum Scam cases, which was registered vide FIR No.RC DAI-2009(A)-0045 by the Central Bureau of Investigation (CBI).

(2.) Briefly stated, the facts of the case are that on 21.10.2009, Anti Corruption Branch of CBI had registered the aforesaid FIR on the allegations of criminal conspiracy and criminal misconduct against the unknown officials of Department of Telecommunications, Government of India and some unknown private persons/companies and others, under Section 120B IPC read with Section 13(2) & 13(1)(d) of the Prevention of Corruption Act, 1988 (for short "the Act") in respect of allotment of Letters of Intent, Unified Access Services (hereinafter referred to as 'UAS') Licenses and 2G Spectrum by the Department of Telecommunications. CBI had filed the first charge-sheet on 02.04.2011 in the Court of learned Special Judge, Patiala House Courts, New Delhi against A.Raja, the then Minister of Communications and Information Technology (A-1), Siddhartha Behura, the then Secretary, Telecom (A-2), R.K.Chandolia (A-3), the then P.S. to the Minister, Shahid Balwa and Vinod Goenka, Directors, M/s Swan Telecom Pvt. Ltd. (A-4 and A-5 respectively). M/s Swan Telecom Pvt. Ltd (A-6), Sanjay Chandra, Managing Director, M/s Unitech Wireless Tamil Nadu Ltd. (A-7), M/s Unitech Wireless Tamil Nadu Ltd. (A-8), Gautam Doshi, Group Managing Director of Reliance, ADA Group (A-9), Surendra Pipara, Group President of Reliance, Anil Dhirubhai Ambani Group (A-10), Hari Nair, Sr.Vice President of Reliance, ADA Group (A-11) and M/s.Reliance Telecom Ltd. (A-12).

(3.) A supplementary charge-sheet was filed on 25.04.2011 in the Court of learned Special Judge for offences under Section 120B IPC read with Section 7/11/12 of the Act against some additional accused persons in which the present petitioner was not named. After filing of the charge-sheet, charges have been framed against all the accused persons.