KAPIL WADHAWAN Vs. STATE THRU. C.B.I./A.C.B.
LAWS(ALL)-2022-11-16
HIGH COURT OF ALLAHABAD
Decided on November 29,2022

Kapil Wadhawan Appellant
VERSUS
State Thru. C.B.I./A.C.B. Respondents




JUDGEMENT

DINESH KUMAR SINGH, J. - (1.)The present application under Sec. 439, read with sec. 167 of the Code of Criminal Procedure 1973 (hereinafter referred to as "Cr.P.C." has been filed by the applicants, Kapil Wadhawan and Dheeraj Wadhawan, seeking default bail in Crime No. RC No.0062020A0005 under Ss. - 120B, 409, 420, 467, 468, 471 of The Indian Penal Code, read with Ss. 7A, 8, 13(2),13(1)(d) of Prevention to the Corruption Act, 1988 Police Station- CBI/ACB, Lucknow, after their bail application for default bail bearing Bail Application No. 7528 of 2022 got rejected by the learned Special Judge, Anti-Corruption, CBI (West), Lucknow, vide order dtd. 1/10/2022.
(2.)The facts in brief of the present case, which are relevant for the purposes of deciding the present bail application are mentioned as under:
(3.)On 2/11/2019, an FIR No540 of 2019 came to be registered at Police Station Hazaratganj, Lucknow on the complaint of one I.M. Kaushal, Secretary, Trust of Uttar Pradesh Power Corporation Limited (hereinafter referred to as "U.P.P.C.L.") against Mr. Praveen Kumar Gupta, ex-Secretary (Trust) and Mr. Sudhanshu Dwivedi, who served U.P.P.C.L. in the capacity of Director (Finance) from June 2016 to June 2019. During the investigation names of several other accused came to the light as the investigating agency found these accused also involved and part of deep-rooted criminal conspiracy in the mega scam of several thousand crores Rupees. Investigation of the said case was transferred to the Central Bureau of Investigation(CBI) and CBI registered the Regular Case and undertook the investigation.


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