2017 (12) TMI 1787 - HC - Indian Laws

Grant of Bail - Allegations of corruption and amassing of unaccounted money - allegation on the basis of few entries made in the measurement books - HELD THAT - Considering the allegations levelled against the applicant and the evidence found during investigation against him in the supplementary charge-sheet filed against him reflects the nexus between the accused persons which is an organized crime that resulted in a multi crore scam in the NOIDA Authority in which the applicant also actively participated along with the coaccused persons, hence the prayer of the applicant to release him on bail is hereby refused. There are no good ground for grant of bail to the applicant Ompal Singh - Bail application dismissed.

Summary

Issues involved:
Bail application in a corruption case involving fraudulent practices during engineering work execution.

Analysis:
1. Facts of the case: An FIR was registered against several individuals for corrupt practices during engineering work execution. The case was initially investigated by local police and later handed over to the C.B.I. The C.B.I. submitted a charge-sheet against multiple accused, including the applicant.

2. Applicant's defense: The applicant, a contractual employee, argued that he only made entries in measurement books as per instructions from senior officials. He claimed innocence, stating he had no role in tender bidding or decisions by senior government officials. The applicant sought bail, emphasizing his contractual status and lack of involvement with private contractors.

3. C.B.I.'s opposition: The C.B.I. opposed bail, alleging the applicant was complicit in a criminal conspiracy. They claimed the applicant facilitated illegal activities by making false entries in measurement books to benefit co-accused individuals. The C.B.I. highlighted discrepancies in work execution dates and financial losses to the government.

4. Court's decision: The court refused bail, citing the nexus between accused persons in an organized crime resulting in a multi-crore scam. The judge emphasized the seriousness of corruption, noting its detrimental impact on democracy, social order, and economic stability. The court found no grounds for granting bail to the applicant based on the evidence and allegations presented.

5. Conclusion: The court rejected the bail application, refraining from expressing an opinion on the case's merits. The decision was based on the evidence of the applicant's involvement in a corruption case related to fraudulent practices in engineering work execution. The judgment underscored the gravity of corruption and its adverse effects on governance, justice, and societal values.