Jaipur: A special court dealing with Anti-Corruption Bureau (ACB) cases Monday rejected the bail application of former Additional Chief Secretary (ACS) of Public Health Engineering Department (PHED), Subodh Agarwal, in connection with the alleged multi-crore Jal Jeevan Mission (JJM) tender scam. The court observed that the allegations against the accused were serious and involved alleged “misuse of office” causing substantial loss to the state exchequer.Special Judge Rajesh Kumar Dadiya dismissed Agarwal’s bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Agarwal was arrested by the ACB on April 9 and has been in judicial custody since April 15. The case relates to an FIR registered by the ACB in Jaipur in 2024 under various provisions of the Prevention of Corruption Act and the Indian Penal Code.According to the prosecution, firms Ganpati Tubewell Company and Shyam Tubewell Company allegedly secured PHED contracts between 2021 and 2023 by submitting forged experience certificates purportedly issued by a govt undertaking. The prosecution alleged that despite receiving complaints and information regarding the fake certificates, officials continued to process tenders and work orders.The defence argued that most of the 104 work orders under scrutiny were issued before Agarwal took charge as ACS, PHED, in April 2022 and that no payment was made in several disputed contracts. It also contended that Agarwal later ordered action against the firms once the alleged forgery came to light.The ACB opposed the plea, claiming that Agarwal, as head of the department and chairman of the finance committee, was in a position of authority and failed to act despite receiving complaints regarding the forged certificates. The agency alleged that irregularities in the tender process enabled undue benefits to private firms and caused losses running into crores of rupees.In its order, the court noted that the investigation revealed prima facie evidence suggesting collusion in the tender process and that the alleged offences affected a flagship public welfare scheme aimed at providing safe drinking water to households. Observing the gravity of the accusations and the impact on public trust, the court held that Agarwal was not entitled to bail at this stage and dismissed the application.
