Raipur: The Chhattisgarh High Court has rejected the anticipatory bail applications of four individuals accused in the alleged misappropriation of a substantial amount of funds. The case involves a purchase order issued by the Public Health and Family Welfare Department for procuring medical equipment for the Chhattisgarh Medical Services Corporation Limited (CGMSCL). The CGMSCL allegedly issued a Rs 411 crore purchase order within 26–27 days to benefit a reagent supplier.
Citing a Supreme Court judgment, the Single Bench of Chief Justice Ramesh Sinha stated, “This Court is of the opinion that anticipatory bail applications should be granted only in exceptional cases where prima facie involvement in the crime is not established.
However, in this case, the applicants’ involvement is prima facie evidence. Moreover, no exceptional circumstances have been demonstrated in these bail applications that would warrant the grant of anticipatory bail to the accused/applicants.”
The Single Bench further noted that after reviewing the FIR and documents attached to the case diary, considering the nature of the alleged offence, the ongoing investigation, and the fact that several co-accused individuals, including government officials, have already been taken into custody, the Court does not find it appropriate to grant anticipatory bail.
Additionally, since the case involves the alleged misappropriation of a significant amount of public funds and the issuance of a Rs 411 crore purchase order within a short period to benefit the reagent supplier—without adequate storage facilities or proper assessment of actual requirements—the Court deems it improper to grant relief to the applicants.
“As such, this Court does not find it befitting to grant anticipatory bail to the applicants. Therefore, the bail applications submitted by the applicants are rejected,” the Court ruled.
Accordingly, the anticipatory bail applications of Rajesh Gupta (54) and Abhishek Kaushal (40), both residents of Punjab, Neeraj Gupta (47) of Haryana, and Avinesh Kumar (40) of Himachal Pradesh, filed under Section 482 of the BNSS in connection with the case registered at the Economic Offences Wing/ACB, Raipur, for offences punishable under Sections 120-B and 409 of the IPC, and Sections 13(2), 13(1)(a), and 7(c) of the Prevention of Corruption Act, 1988, have been rejected at this stage, the Single Bench Judge stated.
The prosecution alleged that in 2021, under the Public Health and Family Welfare Department, instructions were issued to procure medical equipment for CGMSCL through the Director of Health Services. However, the required assessment of the number of machines and storage facilities was not conducted properly. CGMSCL allegedly issued a Rs 411 crore purchase order within 26–27 days to benefit a reagent supplier.
The FIR stated that due to inadequate storage, the equipment was not maintained, and excess machines were ordered without assessing actual needs. Moreover, machines with a short expiry of 2–3 months were procured, and CGMSCL planned to purchase 600 more, causing financial loss. It is also alleged that EDTA tubes were purchased from the co-accused Mokshit Corporation at Rs 2,352 per piece, whereas other institutions procured them for Rs 8.50, leading to massive overspending.
The company “Recorders and Medicare Systems” is accused of colluding with Mokshit Corporation and others in the tender process. The allegations against it are based on claims that all three firms had identical products. A case was registered, naming “Recorders and Medicare Systems” as an accused, but the applicants’ names were not initially mentioned. Despite this, they—being employees, promoters, and directors—were summoned without specifying the legal provisions under which they were called. They sought anticipatory bail after their plea was rejected by the Sessions Court on February 12, 2025.
