RAJKUMAR YADAV Vs. STATE

JUDGEMENT

(1.) Heard Sri Nandit Kumar Srivastava, learned Senior Counsel assisted by Sri Pranjal Krishna, Sri Prashan Ranjan and Sri Aviraj Raj Singh, learned counsels for the applicant and Sri Anurag Kumar Singh, learned counsel for the Central Bureau of Investigation (CBI).

(2.) By means of the present application, the applicant seeks bail in Criminal Misc. Case No.2079 of 2021 (CBI Vs. Roop Singh Yadav and Others), under Ss. 120-B r/w 420, 467, 468, 471 of IPC and Sec. 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 with substantive offences thereof arisen out of Crime No. RC0062017A0026, registered with CBI, Anti Corruption Branch, Lucknow and pending before the learned Special Judge, Anti Corruption CBI, West, Lucknow.

(3.) In the instant case, the FIR was registered by the CBI on the basis of order dtd. 17/7/2017 of the Government of U.P. pertaining to the financial irregularities committed with criminal intent in the work of "Gomti River Channelization Project" and "Gomti River Front Development" by the Irrigation Department. The State Government asked for further investigation by the CBI in Case Crime No.831 of 2017, u/s 409, 420, 467, 468, 471, 34 IPC and Ss. 7 and 13 of Prevention of Corruption Act, 1988 (PC Act) against the accused persons. It has also been alleged that on the written complaint of one Ambuj Dwivedi, an FIR was registered by the local police and later on a Judicial Commission headed by Hon'ble Mr. (Retd.) Justice Alok Kumar Singh was ordered to conduct an enquiry under the Commission of Inquiry Act. A comprehensive enquiry report has been submitted to the State Government on 16/5/2017 leading to the present FIR.