Jharkhand High Court
Udai Shankar Tiwari @ Udai Tiwari vs State Of Jharkhand Thr Cbi on 8 August, 2011
Author: Jaya Roy
Bench: Jaya Roy
HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No. 2219 of 2011
Udai Shankar Tiwari @ Udai Tiwari.........
Petitioner
-- Versus --
The State of Jharkhand, through C.B.I.... Opposite Party
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CORAM: HON'BLE MRS. JUSTICE JAYA ROY
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For the Petitioner : Mr. Vishnu Kumar Sharma, Advocate
For the State (CBI) : Mr. Md. Mokhtar Khan (C.B.I)
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02/ 08.08.2011Heard learned counsel for the petitioner and learned counsel for the State (CBI).
2. The petitioner is apprehending his arrest in this case which has been registered for the offence committed under Sections 20B,420, 467, 468 and 471 of the Indian Penal Code and Under Sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act.
3. Learned counsel for the petitioner submits that the M/s Kalawati Construction (P) Ltd has not been awarded any contract as alleged in the F.I.R. He has further submitted that the petitioner is not named in the F.I.R. Furthermore, the petitioner is an employee of M/s Kalawati Construction (P) Ltd. and in no way he is connected with any of the offence as stated in the F.I.R. He has further submitted that no amount has been paid even according to the agreement/contract, as stated in the F.I.R., to M/s Kalawati Construction (P) Ltd.
4. The learned counsel for the C.B.I., Mr. Mokhtar Khan has submitted that the content of the F.I.R. shows that M/s Kalawati Construction (P) Ltd. was awarded with a contract vide Agreement No.11F2 of 03-04 for widening and strengthening of Chhatarpur Japla Road from KM 0 to 32.5 K.M. at a contractual value of Rs.7,59,05,000/- (Rupees Seven Crores Fifty Nine Lakhs Five thousands) and the said contractor submitted total 114 nos. of invoices showing procurement of bitumen against the aforesaid work, and out of which, 14 invoices were purportedly issued by the IOCL, Jamshedpur Depot. Mr Khan has further submitted that it has also come in the contents of the F.I.R. that M/s Kalawati Construction (P) Ltd. has received payment of around Rs.7,76,69,782/- (Rupees Seven Crores Seventy Six Lakhs Sixty Nine Thousand Seven Hundred and Eighty Two) on the basis of the false certification by the above noted public servant.
5. It is further contended that after investigation it has come that the present petitioner namely Udai Shankar Tiwari @ Udai Tiwari, an employee of M/s Kalawati Construction (P) Ltd. used to make procurement of Bitumen on behalf of the Company had dishonestly and fraudulently signed on several forged bitumen invoices in pursuance of the criminal conspiracy with the others. Thus, he is directly involved in the commission of the offence as alleged in the F.I.R.
6. Considering all the submissions and the materials on record, and as there is specific allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is, hereby, rejected.
(JAYA ROY, J.) SI/-