Anticipatory bail plea of NRHM scam suspect dismissed

A private firm owner, fearing arrest by the CBI for his suspected involvement in the Uttar Pradesh's National Rural Health Mission (NRHM) scam, has been denied anticipatory bail by a Delhi court.

Special Judge Talwant Singh rejected the anticipatory bail plea of Delhi-based firm Surya Tej Earth Movers' Director Sumit Tandon, who had approached the court fearing that the CBI was looking for him and his brother-in-law Sachin Kohli, suspecting them to be involved in the scam.

The court rejected Tandon's plea saying that it was not a fit case for anticipatory bail at this juncture.

"Keeping in view the seriousness and nature of allegations where huge funds of government were mis-appropriated and the government was cheated in NRHM scheme and the accused had neither joined investigation nor he is supplying necessary documents, this is not a fit case to grant anticipatory bail," the judge said.

The court, in its order pronounced on March 22, also pointed out that it lacks territorial jurisdiction as the case is being adjudicated by the Ghaziabad special CBI court.

The agency earlier had filed charge sheet before the Ghaziabad special CBI court against former UP bureaucrat P K Jain and several others for the alleged irregularities, committed by them in utilising funds allocated under the NRHM scheme.

All those named in the charge sheet are at present in the judicial custody. The CBI has filed 13 cases to probe alleged irregularities in utilising Rs 10,000 crore funds allocated under the centrally-sponsored NRHM to UP. 

Seeking bail for Tandon, his counsel argued that the CBI had called up his wife and threatened her to produce her brother Sachin Kohli in the CBI's office. He said there were no allegations against him and he wishes to join the probe but apprehends his arrest by the CBI.

The CBI, opposing Tandon's bail plea, said although the FIR was registered at Delhi, it's the special CBI court at Ghaziabad, which has the jurisdiction over the matter.

It said during probe, one Naresh Grover, an accused in the case, had disclosed that he had paid bribe of Rs 12 crores to various UP government officials and to generate this amount, he had shown purchase of 515 Neonatal Restitution Kits at Rs 1.37 lakh each amounting to over Rs seven crores through one Paras Traders, belonging to Sachin Kohli.

The CBI said in November-December 2009, no such kits were supplied to M/s Surgicoin of Naresh Grover, yet payment of Rs five crores was released to M/s Paras Traders.

It said Rs five crores received by M/s Paras Trader against alleged supply of kits was further transferred to Tandon's Surya Tej Earth Movers.

The CBI suspected that Tandon, after receipt of amount from the bank account of Paras Trader, had withdrawn it and had handed it over to Naresh Grover.

The agency told the court that sufficient intimation for appearance was given to Tandon and to produce documents through notices but he did not respond.

It added that his presence was essential "to unearth the deep-rooted conspiracy."

It said the roles of several senior government officials is under scanner, but due to Tandon's non-cooperation, the probe has been held up at a key juncture.

The judge dismissed Tandon's plea saying, "I am of the view that in the present case the offence is very serious and this is a case where anticipatory bail cannot to be granted."