LALIT AMRITRAJ CHOWDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present is an application under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicant has prayed for anticipatory bail in connection with First Information Report bearing Crime Register No. I-03 of 2015 registered on 01st April, 2015 with CID Crime, Gandhinagar in respect of offences under Sections 409, 418, 465, 467, 468, 471, 120-B and 114 of the Indian Penal Code, 1860 as well as under sections 13(1)(c), (D)(2) of the Prevention of Corruption Act, 1988. The applicant had filed anticipatory bail application before the Court of learned Additional Sessions Judge, Court No. 8, Ahmedabad being Criminal Miscellaneous Application No. 4615 of 2016, which came to be dismissed on 09th January, 2017 which led the applicant to file the present one.

(3.) The First Information Report was filed on 01st April, 2015 by the Collector and Chief Executive Officer, Metrolink Express for Gandhinagar and Ahmedabad (MEGA) Company Limited which was a government company set up under a State Government Resolution for the purpose of carrying out the project of commissioning the Metro Railway transportation services between Gandhinagar and Ahmedabad. The employees were recruited in the company as per requirement; various categories of civil work related to the project was undertaken between August, 2012 to August, 201 One Mr. Sanjay Gupta, former IAS, was appointed as Chairman of the MEGA Company on 08th April, 2011 and from 04th August, 2011 he was made Executive Chairman. In the F.I.R. it was stated that the new management of the company got information in August, 2013 that in the works undertaken in the past, irregularities were committed and payments beyond the normal rates were made, which were found in respect of the work of earth filling and earth levelling work at the places enumerated at Motera site. It was alleged that until the period of September, 2013 the filling work for casting work and depot was to be undertaken in total 54 Hectors which was found to be in 31 Hectors. The height level for casting yard and depot were fixed, and the works done therefor were much below the level. The work orders were given to different agencies for material, etc., and as per the details given by the Accounts & Procurement Department, the total quantity for material was 67.54 lakhs MT of the value of Rs. 254.10 Crores. The complainant stated that though there was no need for undertaking revised survey as the ground level was not likely to undergo any change, still however, revised surveys were ordered and undertaken.