VIMAL GARG Vs. C B I

JUDGEMENT

(1.) Heard Sri Gopal Chaturvedi and Sri M.C. Chaturvedi, learned Senior Counsel for the applicant.

(2.) This is yet another bail application relating to syphoning of government funds in NRHM Scam in the State of Uttar Pradesh. The allegation against the applicant is that he as Associate Vice President of a firm M/s H.C.L. Infosystems Ltd. was awarded a contract for supply of 951 Desk Top Computers as allegedly his tender was the lowest. This was done through one of the State Government Undertakings, namely, Shreetron India Ltd. The public official, who was the then Managing Director thereof Mr. G.K. Batra, made negotiations with two firms M/s Axis Marketing and M/s Radhey Shyam Enterprises, who were later on introduced as channel partners by M/s H.C.L. Infosystems Ltd. This was done at the instance of Mr. G.K. Batra in conspiracy with Mr. Virendra Goyal of M/s Axis Marketting and Mr. Neeraj Upadhyay of M/s Radhey Shyam Enterprises.

(3.) Sri G.K. Batra had made advance payments to the aforesaid two firms even before floating of tenders. Later on they were introduced as channel partners of M/s H.C.L. Infosystems Limited, of which the applicant was the Vice president. It is alleged that the applicant also was part of the same conspiracy as everything was premeditated and arranged in the manner aforesaid. The charge-sheet and the evidence collected indicate that a sum of Rs. 7.49 Crores was released by M/s Shreetron, the State Government Undertaking, chaired by Sri G.K. Batra but according to the applicant M/s H.C.L. Infosystems, whose tender was lowest, was paid only Rs. 4.55 Crores. The balance was shared by the other accused.