SUDHANSHU DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present applications under Section 439 Cr.P.C. have been filed seeking bail in FIR No.540 of 2019 inititially registered under Sections 409, 420, 467, 468, 471, 120B IPC. Section 13(2) of the Prevention of Corruption Act has been added subsequently during the course of investigation.

(2.) On 2nd November, 2019, the aforesaid FIR came to be registered on the complaint of one I.M. Kaushal, Secretary, Trust of Uttar Pradesh Power Corporation Limited (hereinafter referred to as "U.P.P.C.L.") against one Mr. Praveen Kumar Gupta, ex-Secretary (Trust) and Mr. Sudhanshu Dwivedi, the accused-applicant in Bail No.12506 of 2019 who served U.P.P.C.L. in the capacity of Director (Finance) from June 2016 to June 2019.

(3.) As per the FIR, in pursuance of the implimentation of the Uttar Pradesh ElectricityReforms Transfer Scheme, 2000, the Uttar Pradesh State Electricity Board was divided on 14th January, 2000 into 3 Companies i.e. (i)Uttar Pradesh Power Corporation Limited, (ii) Uttar Pradesh Rajya Vidut Utpadan Nigam Limited, and (iii) Uttar Pradesh Hydro Power Corporation Limited. On 14th January, 2000 itself the employees working in the Uttar Pradesh State Electricity Board were assigned to the aforesaid three corporations established in pursuance of the Reform Scheme. In respect of all the employees working in these three power corporations, Uttar Pradesh State Power Sector Employees Trust was constituted on 29th April, 2000 under the provisions of the Provident Fund Act, 1952 to manage general provident fund, gratuity fund and pension fund of the employees of three electricity corporaions so consituted.