2014 (5) TMI 1205

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..... oceed to draw a distinction between the applicant s role and the other members of the purchase committee - The applicant being the Chief Medical Officer, Meerut was owning a higher responsibility and the allegations made and the evidence collected as reflected in the charge-sheet therefore distinguish the case of the applicant and the other members of the said purchase committee. This is not a case of parity with the other co-accused - application rejected.
Hon'ble Amreshwar Pratap Sahi, J. Counsel for Applicant:- Brijesh Sahai, N.K. Sharma, Raj Kumar Ojha, Shashi Ranjan Srivastava Counsel for Opposite Party:- Anurag Khanna ORDER Heard Sri N.K Sharma learned counsel for the applicant and Sri Anurag Khanna for the C.B.I. Learned .....

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..... bail to the two other members of the purchase committee then in that event the applicant is entitled for bail. He has further invited the attention of the Court to the order passed on 23.9.2013 in Criminal Misc. Bail Application No. 16574 of 2014 in the case of Dr. Surya Pratap Ojha Vs. C.B.I. to substantiate his submissions. The contention of Sri Sharma is that if it was a collective responsibility then in that event the applicant also deserves to be enlarged on bail as the allegations are made on the said facts and evidence as against the other co-accused who have been granted bail as indicated hereinabove. Sri Anurag Khanna has opposed the bail application vehemently and has urged that all Government Circulars and Orders meant for such .....

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..... ed by the accused including the applicant. Sri Sharma tried to explain that even if the loss indicated is taken on its face value the same does not in any way raise a liability exclusively on the applicant as against the other co-accused, and in such circumstances to single out the applicant merely because he was the Chief Medical Officer would be denying parity on irrational grounds. He submits that there is no criminal history of the applicant and there is no likelihood of his absconding during the trial as such the applicant deserves to be granted bail. Having considered the submissions raised the bail order of Dr. Satish Kumar and H.G. Singh itself carves out an exception in their favour by recording that the said applicants had a lim .....

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