E-tendering scam: HC grants bail to Narrottam Mishra's secretary

BHOPAL/JABALPUR: In a major setback to the EOW,

Madhya Pradesh high court

granted

bail

to Virendra Pandey, close aide of former BJP minister Narrottam Mishra, on grounds that there was no evidence to prove his role in the e-tendering scam. Pandey has been granted bail on six conditions. He through his counsel submitted that he was innocent and has been falsely implicated in the offence.


His counsel Siddhartha Sharma said, “It is alleged that manipulation was done by co-accused Vinay Chaudhary and Varun Chaturvedi (the managing directors of OSMO Pvt Ltd) in connivance with co-accused Nand Kishore Brahme, Manohar MN and Sumeet Golwalkar (marketing director of OSMO Pvt Ltd) and there is no evidence on record to show that applicant was in contact with these persons.”

“Although, it is also alleged that some money was transferred into the account of Sorathiya Velji Ratna Baroda by the water resources department, but said amount was transferred by the officer of the concerned department through government treasury which was the amount due on department regarding work done by the firm Sorathiya Velji Ratna Baroda for the department,” Sharma argued. He further said that only on the basis that Pandey was frequently in contact with co-accused Harish Sorathia and Raju Mantena (director Mantena group) and some money was transferred into the account of Sorathiya Velji Ratna Baroda by the Water Resources Department, it cannot be said that the applicant was involved in the manipulation of said bids.

Sharma also argued that EOW had registered offence under Section 7C read with Section 13 (2) of PC Act while no permission under Section 17 of the PC Act was obtained by EOW before registration of aforesaid offence against the applicant. Also, no uncountable property or tainted money or any incriminating document was seized from the possession of the applicant.

EOW opposed the prayer and submitted that from the call details of applicant (Pandey), it appears that the applicant was frequently in touch with co-accused Harish Sorathia and Raju Mantena, who were benefited by manipulation in bid. It also appears that some money was transferred in the account of Sorathiya Velji Ratna Baroda by the water resources department at the instance of applicant. From the memorandum of Nirmal Awasti and Manish Khare also it appears that applicant was involved in the manipulation of bid. In this regard, investigation is going on. So, he should not be released on bail.

After hearing arguments court ruled, “looking to the facts and circumstances of the case and the fact that applicant is a government servant, there is no likelihood of his absconding or tampering with the prosecution evidence, besides he is in custody since 27/07/2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant Virendra Pandey be released on bail upon furnishing personal bond in the sum of Rs 50,000 with one surety in like amount to the satisfaction of the concerned Court for his appearance before the trial court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. Court also ordered that applicant will not leave India without prior permission.

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