Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DEEPALI SHARMA,
SPECIAL JUDGE (PC ACT) (ACB-01)
RACC: NEW DELHI
CNR No. DLCT11-00692-2025
Bail Matters No.221/2025
FIR No. 03/2025
PS : ACB
Arun Gupta vs. State
U/s 13(A) PC Act, r/w 409/420/468/471/120B IPC
01.08.2025
This is a regular bail application u/s 483 BNSS, 2023
moved on behalf of the applicant/accused Arun Gupta s/o
Dayashankar Gupta.
Present : Sh. Sukhbeer Singh, ld. Chief P.P. for the State.
Sh. Manu Sharma, Sr. Advocate, alongwith Sh.Shadman
Ahmed Siddiqui, Sh. Umang Tyagi, Sh. Kartik Khanna,
Sh. Vaibhav Prasad Singh, Sh. Anitej Singh Yadav and
Sh. Hardik Saxena, ld. counsel for
applicant/accused.
IO/ACP A.K.Singh.
Supplementary reply filed by IO. Copy supplied.
Ld. Counsel for the applicant/accused argued on the line
of bail application while submitting that applicant/accused is innocent
and has been falsely implicated in the present case. It is urged that
applicant/accused is a construction contractor of Class II(Civil) and
has a successful track record of having completed more than 15
contracts/tenders with I&FC Department. It is urged that after
applicant/accused completed the work order/tender, Junior Engineer
or authorised Officials of I&FC Department inspected the site and
after their satisfaction qua standard and quality of work, which is
recorded in the official records of the department, bills were processed
FIR No. 03/2025, PS ACB Page 1 of 4
-- 1 of 4 --
for that work and payment was released. It is urged that
applicant/accused played no role in relation to the release of the bills
after completion of work order/tender. It is urged that in the present
case, the allegation pertains to a contractual dispute over payment and
work execution, and the dispute is essentially of civil nature. It is
stated that Arbitration proceedings are pending between the
applicant/accused and I&FC Department regarding the said dispute. It
is urged that the present criminal proceedings were initiated after the
department failed to get the bank account of the applicant/accused
freezed and was not able to stop the applicant/accused from
abandoning his claims regarding his pending dues. It is urged that
only the applicant/accused and one govt. official has been arrested in
the present case whereas the supervision of the construction and
processing of bills requires involvement of many officials of I&FC
Department, as per rules, and till date no action has been taken against
any other official of the said department. It is urged that offence u/s
13 of PC Act is not attracted against the applicant/accused as he is a
private person. It is urged that applicant/accused was arrested on
30.06.2025 and remanded to PC for three days and thereafter again for
four days and as such his custodial interrogation is no more required.
It is urged that appllicant/accused is suffering from chronic depression
and other health conditions and is the sole bread winner of his family
consisting of minor children and ailing parents. It is stated that there
is no chance of influencing the witnesses or the investigation of the
present case as material investigation has already been conducted. It
is further urged that applicant/accused is ready to join investigation
with the IO/SHO concerned as and when required. It is accordingly
prayed that the applicant/accused may be released on bail.
Per contra, ld. Chief P.P. for the State opposed the bail
application by submitting that the allegations against the
applicant/accused are serious in nature. It is urged that
FIR No. 03/2025, PS ACB Page 2 of 4
-- 2 of 4 --
applicant/accused is proprietor of M/s Baba Construction Co. and he
was arrested for commission of serious offences of corruption,
misappropriation of public funds and causing wrongful loss to Govt.
Exchequer to the tune of Rs. 5,59,50,713/- and wrongful gain to
himself in connivance with co-accused Gagan Kureel and others. It is
urged that preliminary enquiry report given by the team of Engineers,
constituted by then then Principal Secretary, I&FC, established that no
work was executed at the sites and payments were released wrongfully
to the applicant/accused. It is urged that during PC remand of accused
all the suppliers, except three suppliers, have denied supplying any
raw material to M/s Baba Construction Co. at Siras Pur site on the
instructions of applicant/accused, however, they accepted the receipt
of payments from the accounts of M/s Baba Construction Co. and
produced ledger and bills pertaining to supply of raw material to
company of accused at other construction sites. It is also urged that
co-accused Varun Gupta, Proprietor of M/s Amba Construction Co.,
who is real brother of the applicant/accused, is still at large and NBW
has been issued against him. It is stated that sanction u/s 17A PC Act
has been applied for against the JE and further steps are yet to be
taken against other suspects/officials. It is urged that investigation in
this case is under progress. It is urged that there is apprehension that
applicant/accused may tamper with the evidence, if he is released on
bail and as such a prayer is made that bail ought not to be granted to
the applicant/accused.
I have heard arguments and perused the record
including reply filed by the IO.
The applicant/accused is a private entity. He has
already spent about one month in judicial custody out of which seven
days PC remand was taken. During PC remand the applicant/accused
was confronted with the suppliers and other material against him.
Sanction u/s 17A PC Act has not yet been obtained against other
FIR No. 03/2025, PS ACB Page 3 of 4
-- 3 of 4 --
suspects and the investigation is yet to commence against other
officials involved. No further PC remand of the applicant/accused is
stated to be required and the investigation qua him is almost complete,
therefore, applicant/accused Arun Gupta is admitted to bail on his
furnishing a personal bond in the sum of Rs. 50,000/- with one surety
in the like amount subject to following conditions :
(i) That applicant/accused shall join investigation with
the IO/SHO concerned as and when required;
(ii) That applicant/accused shall not try to contact or
influence, directly or indirectly, any of the witnesses of
present case and shall not tamper with evidence;
(iii) That applicant/accused shall not misuse the liberty
of bail by indulging in commission of similar offences
in future;
(iv) That applicant/accused shall not leave the country
without prior permission of the Court;
(v) That applicant/accused shall intimate the IO/SHO
concerned in case of change of his address.
Accordingly, bail application stands disposed off.
Copy of order be given dasti to the IO and be also sent
to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi.
01.08.2025
FIR No. 03/2025, PS ACB Page 4 of 4
-- 4 of 4 --