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Showing contexts for: becil in George Kuruvilla vs State Of U.P. And Another on 19 December, 2023Matching Fragments
3. According to prosecution version, an information was received by the Central Bureau of Investigation (hereinafter referred as CBI) that Sri Ramit Lala, General Manager, Broadcast Engineering Consultants India Limited, a Central Public Sector Enterprise of Government of India (hereinafter referred as BECIL) under Ministry of Information and Broadcasting, is indulging in corrupt practices in collusion with unknown officials by extending favours to private companies in tender process and expeditious payments of their pending bills in exchange of huge bribe money from the representatives of those private companies.
In that process information was developed that Ms Monica Dhawan, Managing Director of M/s Fusion Corporate Solution Private Limited, Gurgaon (hereinafter referred to the said 'FCSPL') along with her sister Charu Khanna (Business head) and father Mr J. M. P. Khanna also director of the said company, is pursuing various tenders of the different ministries and government departments floated by BECIL and for clearance of their pending bills for the already executed works awarded by the BECIL. As per information, Ms. Monica Dhawan approached Ramit Lala for favours in getting work orders. On 17.4.2023 Ramit Lala enquired from Ms. Monica Dhawan about pending bills of her company with BECIL and he asked her for a meeting. On 19.4.2023 Ramit Lala asked Ms. Charu Khanna to meet him in Delhi and later Ms. Charu Khanna informed Ramit Lala that money could not be arranged. On 24.4.2023 the CBI came to know that Ms. Charu Khanna has told her sister Monica Dhawan that Ramit Lala is pestering her for payment of amount and she is tired of making excuses and she asked her father to arrange the money and that one Vishnu, driver of Charu Khanna, was asked to deliver bribe amount to Ramit Lala at his office. On the basis of these facts, a regular case was registered by the CBI.
Earlier the CBI has put suspected mobile numbers of accused persons namely Ramit Lala, Monica Dhawan, Charu Khanna and Vishnu Bahadur Bika on interception after due approval of competent authority and on the basis of conversation of the said phone calls and Whats-app messages, it was revealed that accused persons have talked about processing of expeditious payment or to schedule meeting places, demand of bribe by accused public servant and arrangement of same by accused private persons. Investigation also revealed that there was incriminating WhatsApp messages amongst the accused Monica Dhawan and Ramit Lala. It was also revealed that 'FCSPL' is one of the 19 empanelled agencies for social media work in BECIL and total number of 10 projects/work/event work were awarded to that company by BECIL. On 3.1.2023 total number of 38 invoices aggregating to Rs. 5.31 crores under 09 projects were outstanding in account of 'FCSPL' with BECIL, out of which 20 invoices aggregating to Rs. 3,73,38,709/- were processed and passed by BECIL for payment to the said company. Investigation has revealed a pattern showing that the invoices for above payments were forwarded by Sri Ramit Lala to George Kuruvilla after Ms. Monica Dhawan contacted them and pursued for release of payments, wherein hints of bribes were made and consequently payments were released after such calls. In the charge-sheet details of several telephonic calls amongst accused persons and WhatsApp chats have been referred and it was concluded that accused Ramit Lala and applicant-accused George Kuruvilla entered into a criminal conspiracy with co-accused Monica Dhawan, Charu Khanna and J. M. P. Khanna and Vishnu Bahadur, with the object to accept illegal gratification as reward for facilitating release of payments against bills / invoices submitted by the 'FCSPL' under various projects awarded by Government / Ministries. In pursuance to the said criminal conspiracy Ramit Lala and George Kuruvilla accepted or agreed to accept illegal gratifications from Monica Dhawan, Charu Khanna, J. M. P. Khanna and Vishnu Bahadur Bika and thereby Monica Dhawan, Charu Khanna, J. M. P. Khanna and Vishnu Bahadur Bika offered bribes and abetted the accused public servants to accept the same in lieu of releasing of payments to the said company.
8. Per contra learned Dy. S. G. I. along with Sri Sanjay Yadav, learned counsel for the C. B. I. has opposed the bail application. It was submitted that the co-accused Charu Khanna, J. M. P. Khanna and Monica Dhawan were pursuing for release of payments from BECIL to their company and in that connection co-accused Vishnu Bahadur Bika, driver of co-accused Monica Dhawan and Charu Khanna, was given two packets, one containing Rs. two lacs and another Rs. three lacs. Co-accused Vishnu Bahadur Bika has delivered the packet containing Rs. two lacs to co-accused Ramit Lala, who was intercepted by C. B. I. team at the 'Weekend Wine and More' in Sector 101 NOIDA' and on his disclosure, the said packet containing bribe amount of Rs. two lacs was recovered from the car of Nishant Malhotra (a friend of Shri Ramit Lala) and on the packet word "Ramit Ji 8130190438" was found written. It was submitted that one packet was recovered from the car of Vishnu Bahadur Bika, which was containing cash to the tune of Rs. 3,00,000/- (Three lacs) and on the packet a hand written note "George" was found written on the packet and it was sent for delivery to applicant-accused. The contention that this recovery was introduced later with intention to implicate the applicant-accused, is wholly false and in fact said recovery has been shown in the recovery memo. From recording of the mobile phone calls of co-accused persons and the WhatsApp messages, it was revealed that accused persons have talked about processing of expeditious payment or to schedule meeting places, demand of bribe by accused public servant and arrangement of same by accused private persons. Investigation also revealed incriminating WhatsApp messages amongst the accused Monica Dhawan and Ramit Lala as well as applicant-accused. It was submitted that out of 38 invoices aggregating to Rs. 5.31 Crores under 09 projects, 20 invoices aggregating to Rs. 3,73,38,709/- were processed and passed by BECIL for payment to the said company and a pattern of payment shows that the invoices for above payments were forwarded by co-accused Sri Ramit Lala to applicant George Kuruvilla after Ms. Monica Dhawan contacted them and pursued for release of payments, wherein hints of bribes were made and consequently payments were released. It was submitted that co-accused Ramit Lala and applicant George Kuruvilla entered into a criminal conspiracy with Monica Dhawan, Charu Khanna and J. M. P. Khanna and Vishnu Bahadur with the object to accept illegal gratification as reward for facilitating release of payments against bills / invoices submitted by the 'FCSPL' under various projects awarded by Government / Ministries. In pursuance to the said criminal conspiracy Ramit Lala and George Kuruvilla accepted / agreed to accept illegal gratifications from co-accused Monica Dhawan, Charu Khanna, J. M. P. Khanna and Vishnu Bahadur Bika. The investigation revealed that the applicant has dealt with various contracts tenders which were awarded to and executed by FCSPL, which was being operated by Monica Dhawan, Charu Khanna and J. M. P. Khanna and pattern of the payments made to said company FCSPL shows that payments were released to the company wherein, hints of bribe were made. It is further submitted that WhatsApp messages clearly indicate that the applicant / accused being a public servant was indulging in corrupt practices and he was clearing payment to FCSPL in lieu of illegal gratifications.