ABHINAV GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.540 of 2019: RC No.0062020A0005 under Sections 409, 420, 467, 468, 471, 120B IPC, 7A and 8 of the Prevention of Corruption Act, 1988, Police Station CBI/ACB, Lucknow.

(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 the father of the accused-applicant, Mr. Praveen Kumar Gupta, ex-Secretary (Trust) and Mr. Sudhanshu Dwivedi, who served U.P.P.C.L. in the capacity of Director (Finance) from June 2016 to June 2019. However, name of the accused-applicant who is the son the accused-Praveen Kumar Gupta and several other accused have been added during the course of investigation having been found fully involved in the mega scam.

(3.) As per the FIR, in pursuance of the implementation of the Uttar Pradesh Electricity Reforms 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 corporations so constituted.