DEVENDRA MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) THESE two applications are the first bail applications of the applicants before this Court who are the then Managing Director of the U.P. Projects Corporation Ltd. Mr. Devendra Mohan and the then General Manager (Commercial) of the same Corporation Mr. Ravindra Rai. They are involved in the NRHM scam whereby the funds under the said mission were misappropriated and the matter came to light after directions were issued in a public interest litigation to investigate the matter whereafter the C.B.I. undertook the investigation and ultimately several accused persons including the then Principal Secretary, Health and Family Welfare, were implicated in the case. The U.P. Project Corporation Ltd. was manipulatedly selected for the purpose of awarding the supply contract for which proposals were manipulated, the evidence whereof has been collected by the C.B.I. in the shape of the statement of the earlier Mission Incharge Mr. Chanchal Kumar Tiwari dated 20.9.2012. This reference to the said statement is being made in order to cut short the lengthy facts that have led to the lodging of the FIR and the applicants being charge sheeted in the said scam on the entire evidence collected.

(2.) THE applicants are in jail for the past more than 1 1/2 years and the applicant no.1 Devendra Mohan is reported to have attained the age of superannuation. Both the applicants are in jail since 9.5.2013.

(3.) THE scam relates to the supply, installation and commissioning of 36 Modular Operation Theaters and Air Conditioning/Air Handling Units for the purpose of upgradation of 40 District Hospitals under the said scheme. Several other works were to be undertaken which are already detailed in the bail application.