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2017 (12) TMI 1787

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..... here are no good ground for grant of bail to the applicant Ompal Singh - Bail application dismissed. - Criminal Misc. Bail Application No. – 14559 of 2017 - - - Dated:- 21-12-2017 - Ramesh Sinha, J. Counsel for Applicant :- Avanish Mishra,Ashish Kumar Misrha,Saurabh Basu Counsel for Opposite Party :- Amit Misra,G.A. Ramesh Sinha, 1. Heard Sri P. Chakravarty, learned counsel for the applicant, Sri Amit Misra, learned counsel for the C.B.I. and perused the record. 2. The brief facts of the case are that an F.I.R. was registered against one Yadav Singh and others vide case crime no. 371 of 2012 under sections 409, 420, 466, 467, 469, 471 and 120-B I.P.C. and 13 (1) (d) read with 13 (2) of the P.C. Act on 13.1.201 .....

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..... sis of few entries made in the measurement books. Whereas the actual fact is that even the entries were made in the measurement books as per the actual time and date on which work was conducted on the MP-1 Marg. The applicant was merely a contractual employee engaged by the Noida Authority, who was only authorized to conduct work as per the direction and instructions of the Senior Government officials of the Noida Authority. The applicant had only made entries in the measurement books which were issued to him and not in the measurement books issued to co-accused R.D. Sharma. The applicant was not a permanent regular Government servant as he was working at the Noida Authority on contractual basis. The applicant was assigned the work of makin .....

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..... used persons including accused Yadav Singh, the then CME (Jal) and the private supplier M/s NKG and in pursuance of the said criminal conspiracy he made entries in the measurement books which were suitable to supplier in the work related to conversion of 11 KV and 33 KV overhead cables into underground. During investigation, it was established that the tender of the said work was called in the month of March, 2011 and opened in the month of November, 2011 but the execution of work had already been started from the month of April, 2011 onwards and to cover up the wrong doings, the applicant has shown wrong entries in the measurement books which falsely indicated that the work had started after the Contract Bond had been signed in November, 2 .....

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..... s been obtained in the matter before filing charge-sheet in the trial court. The applicant in criminal conspiracy with the other co-accused persons made back dated entries in the measurement books which could enable the party to receive payments to the tune of ₹ 8.15 crores which is quite exorbitant as per the prevailing market rates of the non schedule items used in the work. The undue favour by making false entries made by the applicant resulted to a loss of ₹ 4.52 crores to the State Exchequer. 6. The Apex Court in its series of pronouncements has observed that Corruption is opposed to democracy and social order, as being not only anti people, but also due to the fact that it affects the economy of a country and destroys .....

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