MANPREET 2025:CGHC:14935 KAUR NAFR MANPREET KAUR Date: 2025.03.28 12:53:54 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 317 of 2025 Rajesh Gupta S/o Sarwan Kumar Aged About 54 Years R/o 85, Guru Nanak Avenue, Phase 2, Majitha Road, Amritsar, Punjab, 143001.

--- Applicant(s)

versus State Of Chhattisgarh Through Police Station EOW/ACB, District -

Raipur, chhattisgarh --- Respondent(s)

MCRCA No. 321 of 2025 Abhishek Kaushal S/o Vipan Kumar Kaushal Aged About 40 Years R/o

178e, Block Bollywood Heights 2, Peer Muchalla, Sas Nagar, Punjab ---Applicant(s)

Versus State Of Chhattisgarh Through - Police Station- EOW/ACB, District -

Raipur, chhattisgarh --- Respondent(s)

MCRCA No. 328 of 2025 Neeraj Gupta S/o Rp Gupta Aged About 47 Years R/o House No. 1522, Sector 15, Panchkula, Haryana, 134113 ---Applicant(s)

Versus State Of Chhattisgarh (Through Police Station - EOW/ACB), District -

Raipur, chhattisgarh --- Respondent(s)

MCRCA No. 401 of 2025 Avinesh Kumar S/o Maan Singh Aged About 40 Years R/o Village Bhurab, Chaklu, Chamba, Himachal Pradesh 176310 ---Applicant(s)

Versus State of chhattisgarh through police station - EOW/ACB, District -

Raipur, chhattisgarh --- Respondent(s)

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

27.03.2025

1. These first anticipatory bail applications under Section 482 of the BNSS have been filed by the applicants, who are apprehending their arrest in connection with Crime No.5/2025 registered at Police Station– Economic Offences Wing/ACB, District - Raipur (C.G.) for the offence punishable under Sections 120-B, 409 IPC & 13(2), 13(1)(a), 7(c) of the Prevention of Corruption Act, 1988.

2. Prosecution case in brief is that under the Public Health and Family Welfare Department, in the year 2021 instructions were issued for purchase of equipment and machinery which was necessary and had to be supplied to the Chhattisgarh Medical Services Corporation Limited (CGMSC) through Director Health Services. It has been alleged that the entire process of calculating the number of machines/equipments that were required and as to whether the centers had requisite facilities to keep the machines/equipments was not done as per the procedure and the Purchase Order of 411 crores was issued by the CGMSC within a span of 26-27 days in a haste to benefit the reagent supplier. As per the FIR, since the requisite facilities that were required to store the equipments/machines were not available, the same were not maintained. Further, since the actual requirement was not checked, more machines were ordered than were actually needed to benefit the supplier. Further, since the said machines had expiry of only 2-3 months, the CGMSC was even preparing purchase of further 600 machines for the same causing more monetary loss to the State Exchequer. It is also alleged that EDTA Tubes that are required for collecting blood samples were purchased by CGMSC from the co-accused Mokshit Corporation at the rate of Rs. 2352 per piece, whereas, it was found that other institutions were purchasing the same at the rate of Rs. 8.50 per piece. Thus, crores of money was spent on the same. Pertinently, the allegation against the Company "Recorders and Medicare Systems" is that it had participated in the Tender floated by the CGMSC alongwith Mokshit Corporation and few other Companies and had allegedly connived with the co-accused Mokshit Corporation so that the tender could be awarded to it and the said averment is simply based on the averment that products of all three firms were identical. Thereafter, the Crime No. 5/2025 was registered with PS Economic Offences Wing/ACB, District Raipur under Sections 120-B, 409 IPC & 13(2), 13(1)(a), 7(c) of the Prevention of Corruption Act, 1988 (as amended in 2018), wherein, one of the accused was "Recorders and Medicare Systems". It is apt to mention that the Company is the accused in itself and the name of the present applicants does not find mention in the said Crime No. 5/2025. Subsequently, the applicants bei