Allahabad HC rejects bail plea of UPSIDC engineer accused of releasing Rs 1 crore for road not laid

The Allahabad High Court has rejected the bail application of Arun Kumar Mishra, Chief Engineer, Uttar Pradesh State Industrial Development Corporation (UPSIDC), Kanpur Nagar. He is accused of releasing payment of Rs 1 crore for road construction when the said road has not been laid.

A single bench of Justice Om Prakash passed this order while hearing Mishra's bail application. In this case, an FIR was lodged in 2012, for the offence under Sections 419, 420, 467, 468, 471 and 409 Indian Penal Code at Police Station concerned against Ajit Singh, Nagendra Singh, S.K. Verma and M/s Kartik Enterprises. Applicant was not named in the FIR after a gap of about eight years, he was arrested in the matter on October 26, 2020.

It is submitted by the Petitioner's Advocate that during the intervening period he was interrogated on several occasion but nothing was disclosed by the Investigating Officer about his involvement.

It is also submitted that allegation against the applicant is that without proper sanction he, being the Executive Engineer, has released more than Rs 1 crore without obtaining no objection certificate from the PWD concerned and ensuring as to whether road in question was actually constructed or not.

The petitioner said that he had disclosed this to the managing director, which led to his arrest. The authorities have maliciously implicated him without concrete evidence, he is innocent.

The petitioner has been accused of making a payment of Rs. 1 crore without taking the clearance of the PWD and seeing whether the road is built, while departmental proceedings have not been taken against the Petitioner for irregularities.

The road construction has been paid after third party inspection. In fact, the road has not been constructed, for which the petitioner is not accountable. The Government said the road was not built and payment was made. This payment has been made by the petitioner and other co-accused. Discrimination can affect when you come out of prison.

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The Court ordered that the road was not built, it is a fact and payment of Rs 1 crore has been made. Therefore, bail can not be granted.