Lucknow Gomti River Front 'Scam'| Allahabad High Court Denies Anticipatory Bail To Project Advisor

The Allahabad High Court last week denied anticipatory bail to the former advisor of Lucknow's Gomti Riverfront project who has been accused of committing huge corruption and large-scale irregularities in the implementation of the project.

Looking at the magnitude of the corruption involved in the case, the allegations against the accused-applicant, Badri Shrestha and evidence available against him, the Bench of Justice Dinesh Kumar Singh denied him anticipatory bail.

"I am of the view that the economic offences of such scale and width could not have been committed without craftily planing and its execution. It is well settled that economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. While granting bail, the Court has to keep in mind the nature of accusations, magnitude and gravity of offence and nature of evidence in support of accusations. Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and are considered to be as grave offences as they affect the economy of the country as a whole," the order passed by the bench of Justice SK Singh reads.

It may be noted the Gomit River Front Development project was the 'dream' project of the Akhilesh Yadav-led Samajwadi Party Government which ruled over the state during 2012-17. The purpose of the project was to channelize the river by constructing a diaphragm wall and by landscaping and constructing intercepting drains on both the banks.

In the year 2017, the Yogi Adityanath-led BJP government in Uttar Pradesh had ordered an inquiry into the beautification project of the Gomti riverfront after getting complaints of huge corruption in the implementation of the project.

It is the CBI's case that accused-applicant/Badri Shrestha was one of the main conspirators in securing the exectuion work to M/s K.K. Spun Pipes Private Limited, which was not even registered with the Irrigation Department. Further, against already very high cost of Rs.285.69 Crores, the payment of Rs.337.32 Crores was made to M/s K.K. Spun Pipes Private Limited without obtaining any approval for the cost escalation from the Cabinet

It has also been alleged that the accused was actively involved in the criminal conspiracy with accused persons for illegally securing the work by pooling the tender on the basis of forged documents and deprived the Government to get competitive rates and caused huge loss to the Government exchequer to benefit the Government officials and private persons.

Against the backdrop of these allegations, the single judge, considering the charge sheet and the evidence available against the accused-applicant, did not find any substance in the submission of counsel for the accused-applicant that there was no evidence available against him for his involvement in commission of offence.

"When there are allegations of corruption and misappropriation of funds in active connivance with the politicians in power and the Government officials with private persons and there is evidence and involvement of the accused-applicant in commission of such an offence, he is not entitled to be enlarged on anticipatory bail," the Court remarked as it rejected the anticipatory bail plea of the accused.

Case title - Badri Shrestha v. State of U.P. Thru. Prin. Secy. Home Lko. and another [Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No.2102 of 2022]

Case Citation: 2022 LiveLaw (AB) 533

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