The Allahabad High Court recently observed that Corruption is a menace that is eating the vitals of the economy of the country.

The Court made this observation while rejecting the anticipatory bail plea of an accused booked under Prevention of Corruption Act for alleged corrupt practices while executing engineering work.

Justice Dinesh Kumar Singh observed that large-scale economic crimes are craftily planned and executed.

The present case relates to one of the 1280 contracts of Rs.954.38 Crores regarding the construction of Cricket Stadium with Pavilion Building at Integrated Sports Complex in Noida.

It was alleged that in furtherance of criminal conspiracy, six persons prepared favourable tender documents to qualify M/s Anand Buildtech Private Limited/JV, lead partner of which is the present accused-applicant.

It was stated that pre-qualification criteria fixed in bid documents were made contradictory to each other in order to favour M/s Anand Buildtech Private Limited/JV.

The investigation revealed that the whole tendering process was farce. M/s Anand Buildtech Private Limited/JV was already chosen/pre-decided for allotment of work.

Advocates Chandan Sharma, Ankur Singh Kushwaha, Piyush Sinha appeared for the accused whereas Advocate Sanjay Kumar Yadav appeared for Respondent.

The Court noted that the allegations and the investigation report suggested deep-rooted conspiracy to defraud the public fund by the present accused-applicant and other co-accused in execution of the work of Cricket Stadium by M/ s Anand Buildtech Private Limited/JV.

The Court further noted that the firm of the accused-applicant was not eligible to be allotted the work and the work was allotted by adopting a farce tender process, which resulted into huge loss to the Noida authority.

The Court didn’t find force in the submission of counsel for the accused-applicant that some of the co-accused have been granted anticipatory bail by a coordinate Bench of this Court, therefore, the Court may also enlarge the accused-applicant, who is one of the real beneficiary of the scam/corruption, on anticipatory bail.

The Court observed that while granting bail, it has to keep in mind the nature of accusations, magnitude and gravity of offence and nature of evidence in support of accusations.

“The Court has to take into consideration while considering the anticipatory/regular bail application, nature of offence and the Court should refuse the bail if the offence is serious and is of huge magnitude, particularly, in economic offences.”, the Court remarked.

The Court while considering the facts and circumstances of the case, rejected the anticipatory bail plea of the accused.

“Considering the facts and circumstances of the case and the allegation that the accused-applicant in criminal conspiracy with the officers of the Noida Development Authority defraud the public fund of several crores of rupees, this Court is of the view that he is not entitled to be enlarged on anticipatory bail.”, the Court held.

Cause Title- Devendra Kumar Gangal v. C.B.I

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