BRIJ BIHARI SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Brij Bihari Sharma is in judicial custody in FIR No.06 of 2022, under Ss. 409, 420, 466, 467, 468, 471, 120-B and 34 IPC and Sec. 13(1)(a) and Sec. 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Establishment, Nainital, Sector Haldwani, District Nainital. He has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The FIR in the instant case has been lodged based on an open enquiry. According to it, after the open enquiry, it was revealed that in Jim Corbett National Park, at certain places like Moreghatti and Pakhro, forest rest house premises, in violation of Rules, constructions were raised and trees were cut. The tenders were floated without due procedure. The procurement rules were also not followed. The FIR was lodged against the Divisional Forest Officers, that it is he, who, in collusion with other forest officers, committed such acts. Against the applicant, it is the case of the Department, that one of the Contractors, Amit Kumar Singh, had been given work order to construct some TO quarters. He was also asked to make certain other minor repairs at some other places. When the Contractor submitted his bills dtd. 25/8/2021 and 30/8/2021 of Rs.17, 27,000.00 and Rs.16,21,000.00 respectively, with regard to the construction of TO quarters, those bills were changed. Forged bills, with regard to minor repairs, were prepared by the applicant in collusion with other Government Officers and Rs.24,00,000.00 were paid to the Contractor. The case against the applicant is that he, in collusion with other co-accused, including Sandeep Arya, forged the bills.