New Delhi, Nov 11 The Delhi High Court has granted bail to former Director General of Health Services Dr Vatsala Aggarwal and ex-head of the office of the Central Procurement Agency Dr Vinod Kumar Ranga in an alleged corruption case involving the procurement of medical equipment, medicines and hospital supplies for Delhi government hospitals.
Justice Sachin Datta, in an order passed on November 6, observed that the Anti-Corruption Bureau (ACB)’s case was based on official records that have already been substantially seized, and pendency of further investigation with respect to examination of the financial trail, the role of other persons, and forensic reports, etc., did not necessitate the continued custody of the two accused persons.
“Considering the totality of circumstances, this court is therefore inclined to grant bail to the applicants. Accordingly, the present applications are allowed,” Justice Datta said.
Ranga was arrested on June 18 and Aggarwal on June 27.
The prosecution opposed the bail applications, contending that the case concerned a large-scale economic offence involving the loss of Rs 842 crore of public funds, and the present accused were yet to hand over certain files and mobile phones.
The court stated that the non-recovery of “missing tender files” or mobile phones did not warrant their continued detention as the files had not been found despite custody of several months and search of eight premises.
“Pre-trial detention cannot be employed as a means of compelling an accused to produce documents which he is alleged to have made away with. It is undoubtedly a matter for trial to decide as to who removed the files and with what intent. At this stage, the bail cannot be withheld as a form of pre-trial punishment,” stated the court.
The court observed that the trial will take a considerable time in the present case as the charges were yet to be framed and further investigation was contemplated.
Considering that both the accused are doctors, with permanent residences in Delhi and no criminal antecedents, they were not a flight risk, it added.
“The applicants are, accordingly, directed to be released on regular bail on furnishing a personal bond in the sum of Rs. 50,000 each, with one surety of like amount,” the court ordered.
The court imposed several conditions for bail on the two accused, including that they will surrender their passports, not leave Delhi NCR or the country without permission, and cooperate with the investigation, etc.
Neither accused shall enter the premises of the Central Procurement Agency or the Directorate General of Health Services except with the prior permission of the trial court or contact any prosecution witness or officials, it clarified.
The ACB has alleged that one Rajiv Kumar alias Rajiv Rangeela operated several firms in others’ names and, with the help of public servants, rigged tenders so that his companies won supply orders for Delhi government hospitals.
One of the main transactions under scanner is the purchase of 448 portable X-ray machines.
According to the prosecution, the manufacturer quoted Rs 14.92 lakh plus GST per machine, while the supplier firm, F-Med Devices, allegedly sold them to the government at Rs 37.8 lakh each.
The trial court had refused to grant bail to Aggarwal and Ranga on October 17.
(PTI News)
