GOVIND PRAKASH PANDEY Vs. C B I

JUDGEMENT

(1.) THE applicant is stated to be a Group Accounts Manager of M/s Jagran Solution, a Unit of Jagran Prakashan Ltd. The applicant has been charge -sheeted in the NRHM Scam being Chargesheet No.1 of 2013 in the substantive offences of Section 120 -B read with Section 420 IPC, and Sections 13 (2) read with Section 13 (1) (d) of the Prevention of Corruptions Act, 1988. The Final Report/Charge -sheet of the CBI against the applicant is Annexure -12 to this Application. The applicant is in custody since 3.7.2014 as disclosed in the bail application. The bail application has been rejected by the court below on 14.7.2014 whereupon the present bail application has been filed before this court praying for release.

(2.) SRI Gopal Chatruvedi, learned Senior Advocate, has advanced his submissions contending that the applicant is being implicated on account of his being an employee of M/s Jagran Solution, who was only carrying out the Ministerial functions with no role to play in the award of the contract which was a Turn Key Project of supply of Mobile Medical Units. This included the procurement of the vehicle and it's equipment to meet the standards of a Medical Unit as was required for the Scheme. Out of the contract for 150 vehicles, 59 vehicles were to be supplied by the Firm of which the applicant is an employee.

(3.) THE charge against the applicant is that he conspired alongwith the officials involved to supply the items at a much higher rate than the approved Government of India rates. The difference alleged is that the approved rates was absent Rs.11 Lacs and odd per unit whereas the supply has been procured at the rate of Rs. 21 Lacs and odd. Secondly, the work of fabrication and equipping of the vehicles was actually not even carried out as per the terms prescribed and forged bills were procured from petty firms on the basis whereof the payments were received by the firm of Jagran Solution, the entire work whereof was executed through the applicant.