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2018 (11) TMI 1818

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..... Kumar Singh-I, JJ. Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- Gyan Prakash Order 2nd. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Gyan Prakash, learned counsel for the C.B.I and perused the record. The first bail application of the applicant was rejected by this Court on 16.5.2018. This is the second bail application on behalf of the applicant. Learned counsel for the applicant states that the new ground on which the present second bail application has been filed is that the co-accused Pankaj Jain has been granted bail by the Apex Court on 14.5.2018, copy of which .....

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..... a authorities is ₹ 3,38,74,177/- and total amount with ED is ₹ 4,93,28,237/-, thus the total amount secured is ₹ 8,32,02,414/-. Hence the applicant who is in jail since 29.4.2016 be enlarged on bail. He has mentioned in para no.2 of the supplementary affidavit, a detailed chart about the liability as well as total secured amount which is as under:- Loss according to charge sheet ₹ 5,11,23,327/- Para 25 of Charge Sheet Amount withheld by NOIDA ₹ 3,38,74,177/- Para 16 of C.B.I counter Amount with ED ₹ 2,83,00,000/- ₹ 2,10,28,237/- ₹ 4,93,28,237/- .....

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..... cted on 16.5.2018. He has drawn the attention of the Court towards para no.19 of the order dated 16.5.2018 passed by this Court wherein this Court did not grant parity to the applicant, the said paragraph is being quotted here below:- After having heard the arguments and having perused the entire record, we find that despite non-payment of bills of work done by M/s. NKG Infrastructure Ltd. headed by co-accused Pradeep Garg, which was valued in terms of money at ₹ 8.25 crores and besides the security amount of ₹ 16.01 crore being with the Authority, CBI had computed the loss caused by M/s. NKG infrastructures Ltd. to the State exchequer to the tune of ₹ 4.53 crores which could be realised from the aforesaid amounts, yet .....

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