Anil Tuteja vs State Of Chhattisgarh on 3 March, 2026

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    Chattisgarh High Court

    Anil Tuteja vs State Of Chhattisgarh on 3 March, 2026

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                                                       2026:CGHC:11112
                                                                 NAFR
    
             HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                       ORDER RESERVED ON 06.02.2026
                       ORDER DELIVERED ON 03.03.2026
                       ORDER UPLOADED ON 03.03.2026
    
                           MCRC No. 10421 of 2025
    
    
    1 - Anil Tuteja S/o Late H.L. Tuteja Aged About 62 Years R/o House
    No.35/1396, Beside Farishta Nursing Home, Katora Talab, Civil Lines,
    District- Raipur (C.G.) (Applicant Details Wrongly Mentioned In Copy Of
    Impugned Order Annexure A/1)
                                                      ... Applicant(s)
    
    
                                     versus
    
    
    1 - State Of Chhattisgarh Through S.H.O. P.S. EOW/ACB. District-
    Raipur C.G. (Respondent Details Wrongly Mentioned As State In Copy
    Of Impugned Order Annexure A/1)
                                                     ... Respondent(s)
    
    
    For Applicant(s)             :   Shri Arshdeep Singh Khurana, Advocate
                                     through VC assisted by Shri Ankush
                                     Borkar, Advocate
    For Respondent/State         :   Shri Praveen Das, Dy. AG
    
    
              (HON'BLE SHRI JUSTICE ARVIND KUMAR VERMA)
    
                                 C A V Order
                                         2
    
          The present is the second application filed by the applicant under
    
    Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
    
    grant of regular bail in connection with FIR No. 04/2024 dated
    
    17.01.2024 registered at Police Station ACB/EOW, Raipur for offences
    
    punishable under Sections 420, 467, 468, 471 and 120-B of IPC read
    
    with Sections 7 and 12 of the Prevention of Corruption Act, 1988,
    
    pertaining to the alleged liquor scam in the State of Chhattisgarh.
    
    
    2.    The applicant is in custody in connection with the present FIR
    
    since 21.08.2024 and, prior thereto, was already in custody in
    
    proceedings initiated by the Enforcement Directorate arising out of the
    
    same set of transactions. Thus, the applicant has undergone prolonged
    
    incarceration approaching two years in relation to the same alleged
    
    transaction.
    
    
    
    FACTS OF THE CASE

    3. At the heart of the prosecution’s narrative lies an alleged criminal

    conspiracy orchestrated by certain public servants, excise officials, and

    SPONSORED

    private players to subvert the State’s excise policy, liquor procurement,

    distribution, and revenue mechanisms–purportedly engineering

    wrongful loss to the public exchequer and illicit gains through a shadowy

    parallel system of commissions. FIR No. 04/2024 was lodged on

    17.01.2024 against unknown persons and select accused; tellingly, the

    applicant–a retired senior government officer of unblemished service,

    was conspicuously absent from its array. His subsequent implication

    rests on post-FIR witness statements and documents, despite his
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    unequivocal non-involvement: never posted in the Excise Department,

    never wielding statutory authority over liquor matters, and never

    touching a single file germane to excise administration. Exemplifying

    utmost cooperation, the applicant dutifully complied with investigative

    summons well before arrest. He had earlier invoked this Court’s

    extraordinary jurisdiction for FIR quashing, securing interim protection

    only for arrest to follow on 21.08.2024 (post-vacation) by ACB/EOW,

    Raipur. Critically, this came atop prior custody by the Enforcement

    Directorate for identical scam allegations, forging an unbroken chain of

    pre-trial detention: nearly two years across agencies, exceeding 1.5

    years under this FIR alone.

    4. The prosecution’s case sprawls across multiple charge-sheets

    and supplements, with the applicant belatedly named not in the initial

    filings and investigation still meandering in segments. It ensnares over

    50 accused (public servants and privates alike), cites 1000+ witnesses,

    and buries the record under lakhs of pages, a colossus underscoring

    trial delay and the applicant’s peripheral role. These facts, viewed

    through the prism of twin bail touchstones non-tampering risk and flight

    absence compel release, lest Article 21‘s guarantee against punitive

    pre-trial bondage be rendered hollow. It is in the backdrop of the

    aforesaid factual matrix, prolonged custody, subsequent implication,

    filing of charge-sheets, parity with co-accused, absence of recovery,

    documentary nature of evidence and inevitable delay in trial–that the

    applicant seeks enlargement on bail.

    CONTENTION OF THE APPLICANT
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    5. Learned Counsel appearing for the applicant, while assailing the

    continued detention of the applicant and seeking his enlargement on

    bail, advanced elaborate submissions touching upon factual,legal and

    constitutional aspects of the matter, which, in substance, are

    summarized as under:

    APPLICATION FILED PURSUANT TO THE LIBERTY GRANTED BY

    THE APEX COURT

    6. It is contended that the present application is being filed pursuant

    to liberty expressly granted by the Apex Court while dismissing the

    earlier Special Leave Petition preferred by the applicant. The Apex

    Court, while directing the investigating agency to complete investigation

    within a stipulated period by filing an additional charge-sheet, granted

    liberty to the applicant to renew his bail application before this Court and

    directed that such application be considered on its own merits

    uninfluenced by earlier orders. It is therefore contended that the present

    bail application is maintainable and deserves independent consideration

    in view of the changed circumstances.

    INVESTIGATION QUA APPLICANT IS COMPLETE AND CUSTODY IS
    NO LONGER REQUIRED

    7. Learned counsel for the applicant submits that investigation

    insofar as the applicant is concerned already stands completed and

    charge-sheet has been filed. The applicant has not been interrogated

    after expiry of police custody and no further custodial interrogation is

    sought. It is argued that once investigation is complete and material

    evidence is already collected, continued incarceration becomes wholly

    unjustified. Reliance is placed upon the decision of the Supreme Court
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    in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, wherein it has

    been reiterated that arrest and custody after filing of charge-sheet

    should not be mechanical and bail must ordinarily follow unless

    exceptional circumstances exist.

    PROLONGED PRE-TRIAL INCARCERATION VIOLATES ARTICLE 21

    8. It is contended that the applicant has remained in custody for a

    prolonged period in connection with the same alleged transaction before

    different agencies. The trial has not commenced and is unlikely to

    conclude within a reasonable period in view of the voluminous record

    and multiplicity of accused persons. The Apex Court in Sanjay Chandra

    v. CBI, (2012) 1 SCC 40, has categorically held that pre-trial detention

    should not operate as punishment and where trial is likely to take

    considerable time, bail should ordinarily be granted.

    9. Further reliance is placed on Union of India v. K.A. Najeeb,

    (2021) 3 SCC 713, wherein it was held that constitutional courts are

    duty-bound to protect personal liberty where trial is not likely to conclude

    within a reasonable time.

    RIGHT TO SPEEDY TRIAL IS A CONSTITUTIONAL GUARANTEE

    10. It is argued that the right to speedy trial is an integral facet of

    Article 21 of the Constitution. Continued detention when trial itself is

    uncertain amounts to punishment before conviction. Reliance is placed

    upon Kashmira Singh v. State of Punjab, (1977) 4 SCC 291,

    Surinder Singh v. State of Punjab, (2005) 7 SCC 387 and recent

    reiteration in Manish Sisodia v. CBI & ED (2023 SCC OnLine SC

    1393), wherein prolonged custody coupled with delay in trial was held to
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    justify grant of bail.

    CASE AGAINST THE APPLICANT IS BASED ON INFERENCES, NOT

    RECOVERY OF DIRECT EVIDENCE

    11. Learned counsel for the applicant submits that despite extensive

    investigation and searches conducted by multiple agencies, no recovery

    of unaccounted money, incriminating material, counterfeit holograms or

    illegal liquor has been effected from the applicant. No property

    belonging to the applicant has been attached. The prosecution case

    thus rests upon inferential allegations and statements of co-accused

    persons. Reliance is placed on Haricharan Kurmi v. State of Bihar,

    AIR 1964 SC 1184, wherein the Apex Court held that statements of co-

    accused are weak evidence and cannot be treated as substantive

    evidence against another accused.

    APPLICANT SATISFIES THE TRIPLE TEST

    12. Learned counsel for the applicant submits that the applicant

    satisfies all conditions governing grant of bail:

    • He is not a flight risk;

    • He has cooperated throughout investigation;

    • Documentary evidence is already in custody of the prosecution;

    • There is no possibility of tampering with evidence or influencing

    witnesses.

    It is submitted that once investigation is complete and evidence is

    documentary in nature, apprehension of interference becomes illusory.

    Reliance is placed on P. Chidambaram v. Directorate of

    Enforcement, (2020) 13 SCC 791, wherein the Apex Court held that
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    gravity of offence alone cannot justify denial of bail if the accused

    satisfies the triple test.

    PARITY WITH CO-ACCUSED FAVOURS THE APPLICANT

    13. It is submitted that several co-accused persons, including those

    alleged to have played far more significant roles in the alleged scam,

    have already been granted bail either by this Court or by the Apex

    Court. Even officers of the Excise Department and key functionaries

    connected with procurement and execution have been enlarged on bail.

    Many persons allegedly involved in core operational aspects of the

    alleged scam have not even been arrested. It is therefore contended

    that denial of bail to the applicant would violate the principle of parity, a

    recognized ground in bail jurisprudence.

    14. That the instant proceedings stem from the selfsame alleged

    liquor scam wherein the Apex Court, seized of a co-accused’s petition,

    (SLP (Crl) No. 16980 of 2025 Kawasi Lakhma Vs. Stateof CG) has

    authoritatively reckoned with the investigation’s labyrinthine complexity

    and the accused’s protracted incarceration. It has expressly noted that:

    “Multiple charge-sheets and prosecution
    complaints stand already filed in the
    EOW/ACB case against sundry accused,
    inclusive of the petitioner therein.The probe
    implicates a vast constellation of accused
    and voluminous material, with the
    prosecution envisaging examinationof
    hundreds of witnesses–portending an
    inordinately delayed trial. Investigation qua
    diverse facets and accused persists, with
    supplementary charge-sheets imminent,
    betokening proceedings of interminable
    duration.

    The Apex Court lucidly observed that
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    such intricate investigations defy
    expeditious culmination, and peremptory
    directives to accelerate could grievously
    impair the prosecution’s case [(2024) SCC
    OnLine SC 1234].

    Balancing Prosecution’s Imperatives with
    Accused’s Liberty:

    The Apex Court sagaciously
    harmonized the prosecution’s right to
    untrammelled investigation against the
    sacrosanct personal liberty of the accused
    more so where custody has ossified into
    prolonged torment, and cooperation with the
    probe stands unequivocally tendered.
    Mindful thereof, interim bail was vouchsafed
    to the co-accused under stringent conditions
    mandating investigative cooperation and
    prohibiting witness interference or evidence
    meddling.

    The Court clarified that such relief
    constitutes no adjudication on merits,
    leaving regular bail amenable before the
    competent forum.

    It is therefore Parity Imperative for the
    Applicant: These hallowed principles,
    sanctified by the Supreme Court for an
    identically situated co-accused, bind with
    irresistible force upon the present applicant.

    Trial commencement remains a distant
    mirage; custody, an unconscionable
    perpetuity. Equity, precedent, and Article 21
    compel analogous relief.”

    INVESTIGATION REFLECTS PICK AND CHOOSE APPROACH

    15. Learned counsel for the applicant submits that investigation

    demonstrates a clear pattern of pick-and-choose action. Persons

    allegedly involved in large-scale transactions and beneficiaries of

    alleged illegal gains have not been arrested or proceeded against,

    whereas the applicant, who was not even part of the Excise
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    Department, has been incarcerated for an extended period. Reliance is

    placed upon the principle laid down in Vineet Narain v. Union of India,

    (1998) 1 SCC 226, emphasizing that investigations must remain

    insulated from extraneous considerations.

    16. It is submitted that the investigation conducted by the Respondent

    Agency reflects a clear pattern of selective prosecution. A non-arrest

    charge-sheet has been filed against as many as 29 Excise Department

    officials, against whom serious allegations involving huge financial

    irregularities have been made, yet none of them have been arrested. In

    contrast, the applicant, who was never part of the Excise Department,

    continues to remain in custody. Key alleged beneficiaries and facilitators

    of the alleged liquor scam have neither been arrested nor charge-

    sheeted, including:

    • Certain distillers, alleged to have benefited to the tune of several

    hundred crores, remain outside custody;

    • Agencies involved in manpower supply and cash collection,

    alleged to be operating at the core of liquor trade operations, have

    also not been subjected to custodial action;

    • Vikas Agarwal @ Shubhu, described in the prosecution material

    as an alleged beneficiary of illegal gains running into more than

    ₹1,000 crores and stated to be absconding abroad, has not been

    secured in custody;

    • Laxmi Narayan Bansal @ Pappu Bansal, alleged to be a recipient

    of hundreds of crores, has not been arrested despite issuance of

    non-bailable warrants, and is stated to have continued appearing
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    before agencies without being taken into custody.

    17. These facts, it is submitted, clearly demonstrate selective

    prosecutorial action. The discriminatory nature of investigation has

    already been judicially noticed by this Court in earlier proceedings,

    wherein it was recorded that investigation appeared to be conducted

    selectively.

    18. It is further submitted that persons against whom allegations of far

    graver roles exist have either not been arrested or have already been

    granted bail, thereby entitling the applicant to bail on the ground of parity

    alone.

    NO RECOVERY FROM APPLICANT

    19. It is submitted that despite searches and investigation by multiple

    agencies, no recovery of unaccounted money, incriminating material,

    illegal liquor, or counterfeit holograms has been made from the

    applicant. No property belonging to the applicant has been attached.

    This significantly weakens the prosecution’s allegation of financial

    involvement.

    NO PRIMA FACIE CASE MADE OUT AGAINST THE APPLICANT

    20. Without prejudice to other submissions, learned counsel for the

    applicant submits that even on merits, no prima facie case is made out

    against the applicant. The applicant was not named in the first two

    charge-sheets and came to be arrayed as an accused only in a later

    supplementary charge-sheet.

    21. The applicant never served in the Excise Department, never

    processed excise-related files, and had no role whatsoever in liquor
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    procurement, licensing, or policy execution. None of the witnesses have

    stated that the applicant was the mastermind of the alleged scam or that

    any illegal gratification or kickback was ever paid to him. The

    prosecution case, insofar as the applicant is concerned, rests largely on

    certain electronic communications and statements of co-accused

    persons, the admissibility and reliability of which are matters to be

    tested during trial and cannot justify continued incarceration.

    22. Despite multiple searches conducted by various agencies, no

    recovery whatsoever of unaccounted money, incriminating material,

    illegal liquor bottles or counterfeit holograms has been effected from the

    applicant. The absence of recovery from the applicant has already been

    judicially noticed in earlier orders, yet continued custody persists. No

    property belonging to the applicant has been attached by the

    prosecution, further indicating absence of material linking the applicant

    with alleged illegal proceeds.

    CASE BASED ON STATEMENTS OF CO-ACCUSED

    23. Counsel for the applicant argued that the prosecution case relies

    substantially upon the statements of co-accused persons, which are

    inherently weak pieces of evidence and cannot be treated as

    substantive evidence. Reliance is placed upon Haricharan Kurmi v.

    State of Bihar, AIR 1964 SC 1184, wherein the Supreme Court held

    that confession or statement of a co-accused cannot be treated as

    substantive evidence against another accused.

    APPLICANT NEVER DEALT WITH EXCISE ADMINISTRATION
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    24. It is further argued that the applicant was never posted in the

    Excise Department and never exercised statutory authority relating to

    liquor procurement or licensing. No document shows his direct

    involvement in decision-making connected to excise policy execution.

    Thus, according to the counsel for the applicant, the attempt to portray

    the applicant as controlling excise affairs is factually incorrect.

    DOCUMENTARY EVIDENCE ALREADY SECURED-NO POSSIBILITY
    OF TAMPERING

    25. It is contended that the entire case rests upon documentary

    evidence already seized and placed before the Court. Statements of the

    witnesses stand recorded. Hence apprehension of tampering with

    evidence or influencing witnesses is wholly illusory. Reliance is placed

    upon P.Chidambaram Vs. Directorate of Enforcement (2020) 13 SCC

    791, holding that gravity of offence alone cannot justify denial of bail if

    the accused satisfies the triple test.

    OBJECT OF BAIL IS NOT PUNITIVE

    26. It is submitted that the object of bail is to secure attendance of the

    accused during trial and not to impose punishment prior to conviction.

    Reliance is placed on Gudikanti Narasimhulu v. Public Prosecutor,

    (1978) 1SCC 240, and Constitution Bench judgment in Gurbaksh

    Singh Sibbia v. State of Punjab, (1980) 2 SCC 565, which laid down

    that liberty must not be curtailed unless custody is imperative.

    TRIAL WILL TAKE SUBSTANTIAL TIME

    27. The prosecution has cited large number of witnesses and

    documents. Cognizance itself is pending in respect of various charge-
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    sheets and further investigation continues. Hence, the trial is not likely to

    commence in the near future. In such circumstances, continued custody

    would amount to indefinite detention.

    ALLEGATIONS DO NOT JUSTIFY INDEFINITE DETENTION

    28. Even assuming seriousness of allegations, gravity alone cannot

    justify indefinite incarceration when investigation stands completed and

    trial is distant. The Apex Court in Sanjay Chandra (supra) held that

    seriousness of offence must be balanced against personal liberty.

    APPLICANT COOPERATED THROUGHOUT INVESTIGATION

    29. Learned counsel for the applicant submits that the applicant has

    appeared before investigating agencies whenever called and there is no

    allegation of non-cooperation. His arrest occurred only after interim

    protection orders ceased. There is no Likelihood of Absconding. The

    applicant is a senior citizen with permanent residence and social roots.

    There is no likelihood of absconding or evading trial.

    BALANCE OF CONVENIENCE LIES IN FAVOR OF BAIL

    30. It is submitted that denial of bail would cause irreparable prejudice

    to the applicant, whereas release on bail would not prejudice

    investigation or trial since evidence is documentary and already

    secured.

    CONDITIONS CAN SAFEGUARD PROSECUTION INTEREST

    31. It is submitted that any apprehension of the prosecution can be

    addressed through stringent bail conditions, including restrictions on

    travel, attendance before authorities and other safeguards deemed
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    appropriate.

    32. On a holistic appraisal of the attendant circumstances viz.,

    investigation’s culmination, the applicant’s protracted incarceration

    nearing two years, the overwhelming documentary hue of evidence

    foreclosing tampering, stark absence of recoveries, parity with co-

    accused already liberated, inexorable trial delay amid 1000+ witnesses

    and lakhs of pages, applicant’s unreserved cooperation, and the

    paramount constitutional ethos of personal liberty enshrined in Article

    21, learned counsel submits that his continued incarceration transcends

    mere custody into punitive retribution prior to adjudication of guilt.

    33. This inexorable detention, bereft of exceptional justification, flouts

    the sacrosanct bail mantra (Siddaram Satappa Mhetre v. State of

    Maharashtra; Arnesh Kumar v. State of Bihar) and erodes the rule of

    law’s foundational precept: bail, not jail, as the norm.

    34. In culmination of the foregoing submissions, learned Counsel for

    the applicant submits that the applicant’s continued incarceration is

    wholly unwarranted in the facts and circumstances of the case,

    occasioning a direct infraction of his fundamental right to personal liberty

    under Article 21 of the Constitution of India. It is submitted that the

    applicant remains in custody despite substantial completion of

    investigation and filing of supplementary charge-sheets qua him. No

    further custodial interrogation is required or contemplated. The

    prosecution’s evidence being predominantly documentary and already in

    judicial custody, precludes any apprehension of tampering.
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    35. It is further urged that several co-accused, including those alleged

    to have played more significant roles, have been enlarged on bail;

    continued detention of the applicant offends the principle of parity.

    Lastly, the Apex Court, while declining interim bail earlier, granted liberty

    to renew the application post-investigation. The instant application, filed

    pursuant thereto, merits consideration on its own merits amid

    subsequent developments. Given the settled principles governing bail–

    prolonged incarceration, documentary evidence, absence of recovery,

    parity with co-accused, and inevitable trial delay, this Court may enlarge

    the applicant on bail upon such terms and conditions as deemed fit in

    the interests of justice.

    REPLY ON BEHALF OF THE RESPONDENT

    36. The State contests the instant bail application strenuously, on

    facts as well as law, as elucidated below.

    I. OFFENCE DISCLOSES A DEEP-ROOTED ECONOMIC
    CONSPIRACY CAUSING HUGE LOSS TO THE STATE EXCHEQUER

    37. It is submitted that the present case does not involve an isolated

    criminal act but concerns a well-orchestrated, large-scale economic

    conspiracy relating to manipulation of State liquor policy, illegal

    extraction of commission, diversion of public revenue, and unlawful

    enrichment of a criminal syndicate operating through manipulation of

    administrative machinery.

    38. Investigation reveals that a syndicate comprising government

    functionaries, influential intermediaries and private operators devised

    and implemented a systematic mechanism for:

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    * collection of illegal commissions from liquor suppliers,

    * sale of unaccounted liquor through State channels,

    * use of counterfeit holograms and manipulation of distribution channels,

    and

    * generation and laundering of huge illegal proceeds.

    39. The magnitude of illegal financial gain runs into hundreds of

    crores, causing grave financial loss to the State exchequer and

    undermining public trust in governance. The Apex Court has repeatedly

    held that economic offences constitute a class apart, requiring a strict

    approach in bail matters. Reliance is placed upon Y.S. Jagan Mohan

    Reddy v. CBI, (2013) 7 SCC 439, wherein the Apex Court has held that

    economic offences involving deep-rooted conspiracies and huge loss of

    public funds must be viewed seriously while considering bail.

    40. Similarly, in Serious Fraud Investigation Office v. Nittin Johari,

    (2019) 9 SCC 165, it was held that economic offences are committed

    with deliberate design and have serious consequences for the economy

    of the country.

    II. APPLICANT PLAYED A CENTRAL ROLE IN EXECUTION OF THE
    CONSPIRACY

    41. It is contended that the applicant was not a peripheral or

    incidental participant, but played a central and coordinating role in

    implementation of the criminal scheme. Evidence collected during

    investigation demonstrates that:

    * The applicant actively facilitated appointments and postings of key

    officers instrumental in execution of the excise policy mechanism.
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    * He maintained continuous communication with principal conspirators

    and intermediaries responsible for commission collection and policy

    manipulation.

    * Digital evidence reveals sustained involvement in operational as well

    as policy-level decisions affecting liquor distribution and revenue flows.

    * The applicant exercised influence over administrative processes

    across departments to ensure continuation of the illegal scheme.

    42. The material collected shows that his involvement extended

    beyond routine administrative interaction and directly impacted policy

    implementation and operational decisions. The Apex Court in State of

    Bihar v. Amit Kumar, (2017) 13 SCC 751, has held that where material

    indicates active participation in economic offences of large magnitude,

    grant of bail at an early stage is not justified.

    III. DIGITAL EVIDENCE CLEARLY LINKS APPLICANT TO
    CONSPIRACY

    43. During investigation, digital devices including the mobile phone of

    the applicant were seized and subjected to forensic analysis. WhatsApp

    chats and digital communication recovered reveal:

    * coordination with co-accused persons regarding appointments,

    postings and policy decisions;

    * discussions relating to operational matters connected with excise

    administration;

    * involvement in matters concerning tendering, distribution

    arrangements and policy implementation;

    * communication concerning financial arrangements and distribution
    18

    mechanisms.

    44. The digital trail shows that the applicant was actively involved in

    matters forming the backbone of the illegal scheme. The Apex Court in

    P. Chidambaram v. Directorate of Enforcement, (2019) 9 SCC 24,

    recognized that economic offences supported by documentary and

    digital evidence require careful consideration while granting bail.

    IV.   POSSIBILITY        OF    TAMPERING          WITH   EVIDENCE         AND
    
    INFLUENCING WITNESSES
    
    

    44. It is submitted that the applicant held an influential position and

    enjoyed proximity to persons in power and administrative machinery.

    Release of such an accused at this stage carries substantial risk of:

    * influencing witnesses, many of whom are government officials;

    * interfering with documentary and digital evidence;

    * obstructing further investigation and trial.

    45. The conspiracy involves administrative officers and

    intermediaries, many of whom remain susceptible to influence. The

    Apex Court in Nimmagadda Prasad v. CBI, (2013) 7 SCC 466, held

    that in economic offences involving influential persons, the possibility of

    tampering with evidence is a relevant consideration for denial of bail.

    V. GRAVITY OF OFFENCE AND PUBLIC INTEREST OUTWEIGH
    PERSONAL LIBERTY

    46. It is respectfully submitted that personal liberty, though

    sacrosanct, cannot be considered in isolation when weighed against the

    seriousness of allegations affecting public revenue and governance. The

    Apex Court in State of Gujarat v. Mohanlal Jitamalji Porwal, (1987) 2
    19

    SCC 364, held that economic offences harm the entire community and

    must be dealt with sternly. Grant of bail in such matters risks eroding

    public confidence in the criminal justice system.

    VI. INVESTIGATION IS CONTINUING AND TRIAL INVOLVES
    VOLUMINOUS MATERIAL

    47. Investigation has revealed complex financial and administrative

    linkages. Analysis of documentary and digital evidence is ongoing, and

    several aspects require further examination. The prosecution proposes

    to rely on voluminous records and multiple witnesses, making early

    release of the applicant detrimental to the course of justice.

    VII. PARITY CANNOT BE CLAIMED WHERE ROLE IS DISTINCT

    48. The applicant seeks parity with other accused persons. However,

    parity cannot be mechanically applied when the role attributed to the

    applicant is materially different and more serious. The Apex Court in

    Neeru Yadav v. State of U.P., (2016) 15 SCC 422, held that parity

    cannot override consideration of individual role and impact of the

    offence.

    49. The Apex Court vouchsafed merely interim bail to the co-accused

    (Kawasi Lakhma) in the peculiar facts and circumstances of that

    singular case, expressly eschewing any adjudication on the merits of

    the allegations and has cogently cautioned that its order shall not

    be construed as an expression of opinion on merits, nor does it

    confer any precedential entitlement to bail upon other accused in

    connected matters. Such relief was calibrated to the unique attributes

    of the co-accused: his individualized custody duration, demonstrated

    investigative cooperation, and sundry bespoke factors, none of which
    20

    translate mechanically to the present applicant. Critically, the Apex Court

    permitted unhindered continuance of the ongoing investigation,

    underscoring that probe integrity remains paramount. No General

    Principle Emerges:The cited order lays down no universal mandate for

    bail to all in cognate proceedings. Bail jurisprudence mandates case-

    specific scrutiny hinging on the applicant’s discrete role in the

    conspiracy; Prima facie material unearthed against him; Tangible risks of

    witness tampering or investigative sabotage. Parity is no talisman; it

    yields to individuated merits (Prahlad Singh Bhati v. NCT, Delhi,

    2001). The interim relief to the co-accused thus affords no automatic

    passport to liberty for the present applicant. This application merits

    independent adjudication on its compelling facts, warranting rejection.

    VIII. ECONOMIC OFFENCES REQUIRE A DIFFERENT APPROACH
    IN BAIL JURISPRUDENCE

    50. The Apex Court has consistently emphasized that economic

    offences involving public money and institutional corruption require a

    cautious approach. Reference has been made to

    * CBI v. Ramendu Chattopadhyay, (2020) 14 SCC 356

    * Nimmagadda Prasad v. CBI (supra)

    * Y.S. Jagan Mohan Reddy (supra)

    These judgments underscore that grant of bail in serious

    economic offences should not be routine.

    IX. APPLICANT’S RELEASE WOULD PREJUDICE FAIR TRIAL

    51. Given the applicant’s alleged influence and administrative reach,

    his release may prejudice fair conduct of trial and impede examination

    of witnesses who remain vulnerable to pressure. Preservation of
    21

    integrity of judicial process must prevail.

    X. APPLICANT’S CONTINUING ROLE IN POLICY EXECUTION

    AND ADMINISTRATIVE CONTROL

    52. Investigation has revealed that the applicant was not merely a

    passive observer but exercised continuing influence over policy

    execution and administrative processes relating to excise

    administration. The recovered digital communications demonstrate that

    even after approval of the excise policy by the competent authority,

    senior officials continued to communicate policy status and

    implementation updates to the applicant. The applicant, in turn,

    forwarded and escalated such matters, thereby evidencing his

    continuing involvement and influence in sensitive policy and

    administrative matters. This conduct reflects not only access but active

    intervention in policy execution and operational decisions, strengthening

    the prosecution case regarding his involvement in the conspiracy.

    XI. ILLEGAL PARALLEL SALE OF “B-PART” COUNTRY LIQUOR

    53. It has been further revealed that, in continuation of the conspiracy

    and in collusion with distilleries, a parallel and illegal distribution

    mechanism of “B-Part” country liquor was operated through Government

    retail channels. Under this mechanism, a fixed illegal commission of

    ₹300 per case was earmarked for principal conspirators, including the

    applicant, resulting in systematic diversion of revenue. Initial district-

    wise data indicated illegal sale of approximately 41 lakh cases

    generating illegal commission exceeding ₹123 Crores, with the

    applicant’s share assessed at over ₹60 Crores.

    54. Subsequent consolidation of State-level sales data, warehouse
    22

    records, transport movement details, cash collection records and digital

    evidence has now revealed that approximately 60.5 lakh cases of

    unaccounted liquor were illegally sold, causing an estimated revenue

    loss of about ₹2,174 Crores to the State exchequer. On application of

    the illegal commission formula, the total illegal commission derived from

    these operations is assessed at approximately ₹181.50 Crores, with the

    applicant’s share estimated at approximately ₹90 Crores, thereby

    demonstrating his role as a major beneficiary.

    XII. `MASSIVE        FINANCIAL        IMPACT        ESTABLISHED      BY
    INVESTIGATION
    
    

    55. Investigation has further established that:

    * Illegal commissions from distilleries amount to approximately ₹319

    Crores;

    * Illegal B-Part liquor sales have caused revenue loss exceeding ₹2,174

    Crores;

    * Additional illegal collections under supply zone determinations

    approximate ₹52 Crores.

    Thus, from country liquor operations alone, illegal proceeds

    exceeding ₹2,545 Crores have been traced. Further investigation in

    respect of foreign liquor operations shows:

    * Illegal commission of about ₹88 Crores during 2019-20;

    * Additional illegal collections of approximately ₹21 Crores under market

    share arrangements;Further illegal collections of approximately ₹171

    Crores through licensee channels over subsequent years.

    56. Collectively, illegal commissions attributable to foreign liquor

    operations approximate ₹281 Crores, raising the total illegal commission
    23

    derived from both country and foreign liquor operations to nearly ₹2,828

    Crores. Apart from illegal commissions, misuse of licensing mechanisms

    further resulted in undue profit of approximately ₹248 Crores to private

    entities, which otherwise constituted revenue legitimately accruable to

    the State.

    57. Thus, the consolidated financial impact of the scam presently

    established exceeds ₹3,000 Crores, with investigation indicating that the

    total figure may eventually exceed ₹4,000 Crores upon tracing

    additional streams.

    XIII. REAL APPREHENSION OF TAMPERING WITH EVIDENCE

    58. The investigation presently involves extensive digital, financial

    and documentary evidence, including:

    * digital chats and communication trails,

    * layered financial transactions and hawala routing,

    * intermediary handlers and money trails, and

    * beneficiary identification and asset tracing.

    59. Protection of witnesses and preservation of digital and

    documentary evidence are critical at this stage. Release of the applicant

    carries a real and substantial risk of influencing witnesses, tampering

    with evidence, and obstructing investigation, particularly as several

    financial linkages and beneficiary trails remain under examination.

    XIV. INVESTIGATION IS STILL EXPANDING AND CHARGE-

    SHEETS CONTINUE TO BE FILED

    60. The present case reflects a multi-layered economic conspiracy.

    After filing of the charge-sheet against the applicant, multiple
    24

    supplementary charge-sheets have been filed against other accused

    persons, and investigation continues to trace additional links,

    intermediaries, handlers and end-use beneficiaries. Material relating to

    several accused persons continues to emerge and investigation remains

    active in quantifying proceeds of crime and tracing fund flows. Grant of

    bail at this stage would seriously prejudice ongoing investigation.

    XV. ROUTING OF PROCEEDS AND PROPERTY INVESTMENTS

    UNDER INVESTIGATION

    61. It is contended that attempts to legitimize illegal proceeds through

    banking entries routed via various entities and investments in

    immovable properties. Suspicious banking entries and investments

    exceeding several crores have surfaced, and the identification of linked

    entities and properties is presently under verification. Premature

    disclosure or release of the applicant may seriously hamper these

    efforts.

    XVI. APPLICANT’S INVOLVEMENT IN OTHER ECONOMIC
    OFFENCES

    62. It is further submitted that the applicant is also an accused in

    other organized economic offences involving procurement and

    departmental irregularities. Investigation in those matters also reveals

    financial and documentary linkages which are presently under

    examination. Release of the applicant may adversely affect investigation

    across interconnected streams.

    XVII. OFFENCE          IS   PART    OF      AN    ORGANIZED         ECONOMIC
    SYNDICATE
    
    

    63. The offence under investigation is not an isolated transaction but
    25

    part of an organized and systematic economic conspiracy involving

    manipulation of policy, diversion of public revenue, generation of illegal

    funds and concealment of proceeds through layered transactions. Such

    offences have grave consequences on public finance and governance,

    and therefore require a cautious judicial approach at the stage of bail.

    XVIII. PARAMETERS GOVERNING BAIL ARE NOT SATISFIED

    64. It is respectfully submitted that the Apex Court in State of U.P. v.

    Amarmani Tripathi, (2005) 8 SCC 21, has laid down guiding

    parameters for grant of bail, requiring courts to consider:

    * existence of a prima facie case;

    * nature and gravity of accusation;

    * severity of punishment in the event of conviction;

    * likelihood of accused absconding;

    * character, behaviour and standing of the accused;

    * likelihood of repetition of offence;

    * possibility of witness tampering; and

    * danger of justice being thwarted.

    Applying these parameters, it is submitted that the present case

    involves grave economic offences, large-scale loss to public funds,

    strong prima facie material, and a real apprehension of interference with

    investigation and witnesses. Hence, the applicant does not satisfy the

    criteria for grant of bail.

    XIX. ECONOMIC OFFENCES REQUIRE STRICTER APPROACH

    65. The Apex Court in Gulabrao Baburao Deokar v. State of

    Maharashtra, (2013) 16 SCC 190, has held that economic offences,
    26

    due to their societal impact, demand careful scrutiny while considering

    bail.

    66. Similarly, in Mahipal v. Rajesh Kumar, (2020) 2 SCC 118, it has

    been reiterated that courts must consider the seriousness of allegations

    and likelihood of obstruction of justice before granting bail. Further, in

    Nimmagadda Prasad v. CBI, (2013) 7 SCC 466, the Supreme Court

    categorically held that economic offences form a class apart and require

    a stricter approach in bail matters. Likewise, in Y.S. Jagan Mohan

    Reddy v. CBI, (2013) 7 SCC 439, it has been held that economic

    offences involving public money demand stringent consideration while

    dealing with bail applications. In Subramanian Swamy v. CBI, (2014)

    8 SCC 682, the Apex Court observed that corruption strikes at the root

    of governance and requires strong judicial response. Further, in Neeru

    Yadav v. State of U.P., (2016) 15 SCC 422, it has been reiterated that

    courts must consider the nature of accusation and possibility of

    tampering with evidence while adjudicating bail. These authoritative

    pronouncements clearly indicate that grant of bail in cases involving

    organized economic crime requires exceptional caution.

    XX. PRIMA FACIE MATERIAL LINKS THE APPLICANT TO THE

    CONSPIRACY

    67. The WhatsApp chats and other digital communications placed on

    record reveal the involvement of the applicant in matters connected with

    policy execution and operational functioning, thereby lending prima facie

    support to the prosecution case. At the stage of bail, meticulous

    evaluation of evidence is impermissible; existence of prima facie

    material is sufficient to decline bail.

    27

    XXI.   FREE     AND     UNHINDERED        INVESTIGATION        MUST     BE
    
    PROTECTED
    
    

    68. It is a settled principle that courts must ensure that investigation

    proceeds in a free and unhindered manner. Considering the complexity

    and magnitude of the present case, grant of bail at this stage would risk

    interference with ongoing investigation. The offences alleged involve

    enormous financial loss to the State and a network-based economic

    conspiracy. Release of the applicant may adversely affect witness

    protection and preservation of digital and documentary evidence.

    XXII. MANIFEST APPREHENSION OF WITNESS INFLUENCE AND
    EVIDENCE TAMPERING

    69. In view of the applicant’s commanding position of influence and

    the sensitive nature of evidence at stake, there subsists a manifest and

    imminent danger of the applicant menacingly influencing witnesses,

    brazenly tampering with records, and derailing the investigation or trial if

    enlarged on bail. The prima facie material on record unequivocally

    substantiates these perils, rendering bail wholly untenable.

    XXIII. BAIL APPLICATION MUST BE REJECTED OUTRIGHT

    70. Confronted with the heinous gravity of accusations, the

    astronomical scale of financial devastation wrought, irrefutable prima

    facie evidence, the critical infancy of investigation, and the palpable

    threat of witness intimidation and evidence manipulation, the applicant is

    emphatically disentitled to bail. Every contrary averment in the bail

    application stands categorically repudiated as patently frivolous, legally

    bankrupt, and deserving of outright dismissal.

    28

    FINDINGS AND CONCLUSION

    71. Arguments advanced by learned counsel for the parties heard in

    extenso; rival contentions weighed and material on record scrutinized

    with utmost care.

    72. This Court is conscious of the gravity of the allegations levelled

    against the applicant. The prosecution has contended that the applicant

    is one of the principal conspirators and a key architect of the alleged

    liquor syndicate, and that the activities attributed to the accused persons

    have resulted in substantial loss to the State exchequer.

    The instant application, second bail application, filed post

    dismissal of SLP (Crl.) No. 17659/2024 on 16.09.2025–wherein the

    Supreme Court expressly granted liberty to renew before this Court,

    discloses material alteration in circumstances. Applicant languishes in

    custody exceeding 18 months (since 21.08.2024 in the present

    case); chargesheet stands filed, investigation concludes sans further

    material discoveries. Prior rejections (Ld. Special Judge order dt.

    09.09.2024; this Court’ in MCRC 6496/2024 dt. 04.12.2024) turned on

    nascent investigation stage, now overtaken by prolonged incarceration

    sans trial commencement. This shift invokes Kalyan Chandra Sarkar v.

    Rajesh Ranjan (2004) 7 SCC 528, holding extended custody post

    chargesheet as prima facie change meritingreconsideration. Article 21

    mandates liberty as rule, detention exception balance tilts decisively

    here.

    I. Earlier Bail Proceedings and Liberty Granted by the Hon’ble

    Supreme Court
    29

    73. It is not disputed that the applicant’s maiden bail application

    preferred before this Court stood rejected vide order dated 04.12.2024

    in M.Cr.C. No. 6496 of 2024. Aggrieved thereby, the applicant

    approached the Supreme Court by way of SLP (Crl.) No. 17659 of 2025

    wherein, vide order dated 16.09.2025, their Lordships were pleased to

    grant liberty to the applicant to renew his prayer for bail after the expiry

    of three months from that date, expressly in the event no substantial

    progress had been made in the investigation or trial of the subject

    matter. This Court also takes into consideration the order passed by the

    Supreme Court in the proceedings arising out of the same set of

    allegations, wherein the Apex Court directed the investigating agencies,

    including the Enforcement Directorate and the concerned State

    agencies, to complete the investigation and file the complaint by way of

    an additional charge-sheet within a stipulated period.

    74. The Supreme Court thereafter granted liberty to the accused

    persons to apply for regular bail or anticipatory bail before the

    competent Court, directing that such applications shall be considered on

    their own merits without being influenced by the earlier orders passed in

    the matter. It has held that :

    By way of a conclusion, we would only direct
    the Investigating Agencies ie. the
    Enforcement Directorate and the concerned
    State agencies to file the complaint and
    conclude the investigation by way of an
    additional charge sheet, within a period three
    months from the date of receipt of copy of this
    order.

    Thereafter, liberty is granted to the
    petitioner(s)to file application(s) for regular
    30

    bail or anticipatory bail, as the case may be,
    which will have to be considered on their own
    merits, without being influenced by any of the
    orders passed earlier or by the impugned
    orders(s). For seeking the aforesaid relief of
    bail, the petitioners can approach the High
    Court. The interim orders granted earlier
    stand vacated.”

    75. The Supreme Court further clarified that the accused persons

    would be at liberty to approach the High Court for seeking appropriate

    relief. The present application has been preferred in pursuance of the

    liberty so granted by the Hon’ble Supreme Court and therefore deserves

    independent consideration on its own merits.

    II. Length of Custody and Right to Speedy Trial

    76. The Applicant has remained in custody for a period of more than

    18 months. During this period, although the prosecution has filed a

    supplementary charge-sheet, the trial has not progressed in any

    meaningful manner. It is well settled that prolonged incarceration without

    commencement of trial amounts to violation of Article 21 of the

    Constitution, particularly where the delay is not attributable to the

    accused. A person confined in judicial custody cannot be expected

    to remain incarcerated indefinitely awaiting completion of

    investigation, filing of supplementary charge-sheets, framing of

    charges and eventual conclusion of trial. A person in custody cannot

    be compelled to sit in prison indefinitely awaiting the uncertain

    timeline of investigation and trial. The present case demonstrates

    precisely such a situation where the trial is unlikely to conclude

    within a reasonable time and continued detention would amount to
    31

    punitive incarceration without adjudication of guilt.

    III. Absence of Prosecution Sanction and Non-Taking of

    Cognizance

    77. It is an admitted position that although a supplementary charge-

    sheet has been filed against the Applicant, prosecution sanction has not

    yet been obtained. In the absence of a valid sanction, the learned

    Special Court is legally precluded from taking cognizance against the

    Applicant. Consequently, the trial has not even commenced and remains

    indefinitely deferred. This factor assumes considerable significance

    while examining the Applicant’s right to liberty, particularly when the

    delay is entirely attributable to the prosecution.

    IV. Investigation Still Continuing

    78. Though the charge-sheet has been duly filed, the prosecution

    maintains that investigation remains ongoing, with no discernible

    timeline furnished for its culmination. This Court has repeatedly

    emphasized that post-charge-sheet prolongation of probe, absent

    compelling justification, erodes the very rationale of pre-trial detention

    (Sanjay Chandra v. CBI, (2012) 1 SCC 40; P. Chidambaram v.

    Directorate of Enforcement, (2020) 13 SCC 229). The absence of a

    definite closure horizon not only beclouds trial commencement but

    portends protracted proceedings, fraught with uncertainty Such

    investigative inertia amplifies the vice of extended incarceration, now

    exceeding [18 months], rendering continued deprivation of liberty

    manifestly unjust. Article 21 enshrined right to expeditious trial stands

    imperilled; bail emerges not as concession but constitutional compulsion

    where State falters in timelines (Bhim Singh v. State of J&K, (1986) 1
    32

    SCC 214). The scale ineluctably tips towards applicant’s release,

    balancing probe needs against primacy of personal liberty.

    V. Magnitude of Evidence and Protracted Trial

    79. The prosecution case rests on a colossal evidentiary edifice: 1111

    witnesses proposed for examination, thousands of documents,

    against 51 accused persons across 7 charge-sheets, with further

    investigation still pending. Cognizance qua the charge-sheet

    encompassing the applicant and co-accused remains elusive; charges

    stand unframed, trial nascent. This voluminous record unwieldy by any

    yardstick portends proceedings protracted over years, if not a decade

    (Sanjay Chandra v. CBI, (2012) 1 SCC 40; P. Chidambaram v.

    Directorate of Enforcement, (2020) 13 SCC 229). Pre-trial detention

    cannot mirror sentence in such labyrinthine prosecutions; Article 21

    speediness imperative renders continued incarceration punitive, not

    preventive. Magnitude itself constitutes change in circumstances,

    compelling bail as constitutional corollary.

    VI. Parity with Co-Accused

    80. The applicant stands on complete parity with co-accused

    Arunpati Tripathi and Arvind Singh both enlarged on regular bail by

    competent Courts vide orders dated 07.03.2025 SLP (Crl.) No.

    14646/2024 and 19.05.2025 in SLP (Crl.) No. 2608/2005 respectively.

    The role ascribed, overt acts alleged, and evidentiary matrix against the

    applicant mirror those against the released co-accused in all material

    particulars–no distinguishing feature surfaces from the case diary or

    charge-sheet to warrant differential treatment. The doctrine of parity, a

    settled concomitant of Article 14 equality, mandates uniform application
    33

    in bail jurisprudence unless countervailing circumstances exist (State of

    Kerala v. Raneef, (2011) 1 SCC 784; Neeru Yadav v. State of U.P.,

    (2014) 16 SCC 508). Absent such, perpetuating solitary detention of the

    applicant offends consistency and fairness.

    VII. Applicability of Article 21 – Settled Precedents

    81. The Supreme Court in Manish Sisodia v. Directorate of

    Enforcement (2024) has authoritatively held that prolonged pre-trial

    incarceration, coupled with trial delay, constitutes compelling ground for

    bail enlargement even in grave economic offences, trumping rigours of

    special statutes. Echoing this, Senthil Balaji v. Directorate of

    Enforcement (2024) underscores that continued custody sans

    meaningful trial progression renders Article 21 personal liberty

    guarantee hollow and punitive. Most recently, in Arvind Dham v.

    Directorate of Enforcement (SLP (Crl.) No. 15478/2025, decided

    2025), their Lordships reiterated that “where trial culmination remains

    distant, statutory stringency cannot justify indefinite deprivation–bail

    inheres as constitutional entitlement.”

    82. The prosecution edifice rests preponderantly on documentary

    evidence, forged records, transactional ledgers, and pecuniary trails,

    long since secured, seized, and sealed post applicant’s arrest. Such

    material, immutable in character and insulated from post-custody

    interference, dissipates any genuine apprehension of tampering. The

    theoretical possibility pales against Sanjay Chandra v. CBI (2012) 1

    SCC 40 mandate: bail denial cannot stem from imagined risks where

    evidence integrity remains unassailable. Minimal tampering latitude
    34

    reinforces liberty presumption under Article 21.

    VIII. Cumulative Assessment

    83. Collating the material facets, this Court holds that Prior bail

    rejection (order dt. 04.12.2024 in M.Cr.C. No. 6496/2024) overtaken by

    Supreme Court’s liberty in SLP (Crl.) No. 17659/2024 (dt. 04.12.2024),

    explicitly tied to investigative stasis now manifest after 18 months’

    custody sans chargesheet or trial strides (Kalyan Chandra Sarkar v.

    Rajesh Ranjan, (2004) 7 SCC 528). Prolonged incarceration

    (exceeding 18 months ) sans sanction, cognizance, or framed charges,

    with investigation lingering indefinitely. Evidentiary colossus–1111

    witnesses, 51 accused, 7 charge-sheets, thousands of documents–

    portending trial spanning years (P. Chidambaram v. Directorate of

    Enforcement, (2020) 13 SCC 229).

    84. The Supreme Court has specifically observed that indefinite

    incarceration may lead to infringement of the fundamental right

    guaranteed under Article 21 of the Constitution of India, and on a

    balancing of these considerations directed release of the petitioner on

    bail.

    IX. Supreme Court Precedents

    85. The principles expounded by the Supreme Court in the aforesaid

    precedents–Manish Sisodia v. Directorate of Enforcement (2024);

    Senthil Balaji v. Directorate of Enforcement (2024); Arvind Dham v.

    Directorate of Enforcement (SLP (Crl.) No. 15478/2025)–impinge

    with unerring force on the instant matrix, rendering them binding under
    35

    Article 141.

    X. Factual Parity with Apex Court Narratives

    86. The conspectus here mirrors those authoritative canvases taking

    into consideration the magnitude of the prosecution case and the

    volume of evidence proposed to be led during trial.

    87. From the material placed on record, it emerges that as many as

    seven charge-sheets/prosecution complaints have already been filed,

    wherein more than 51 accused persons, including the present Applicant,

    have been arrayed as accused, and the prosecution proposes to

    examine as many as 1,111 witnesses. The case also involves

    voluminous documentary evidence running into thousands of pages,

    which would necessarily require considerable time for appreciation

    during trial.

    88. It is further not in dispute that further investigation is still pending

    and the prosecution itself has indicated the likelihood of filing additional

    supplementary charge-sheets depending upon the outcome of the

    ongoing investigation. This circumstance alone demonstrates that the

    proceedings are far from attaining finality. Significantly, despite the filing

    of multiple charge-sheets and the passage of a considerable period of

    investigation, cognizance of the charge-sheets qua several accused

    persons, including the present Applicant, has not yet been taken by the

    learned Special Court, and consequently charges have not been framed

    till date.

    89. In view of the number of accused persons, the large number of
    36

    witnesses, the voluminous documentary evidence, and the continuing

    investigation, the commencement of trial itself appears uncertain and its

    conclusion is even more remote. These circumstances substantially

    replicate those where their Lordships discerned trial inevitability

    spanning years, if not a decade. The Supreme Court has authoritatively

    crystallized in mega-prosecutions of such magnitude, investigative/trial

    complexities perforce consume considerable time–prolonged

    incarceration sans progress cannot subsume liberty core of Article 21.

    90. The Applicant has endured over 18 months’ incarceration; trial

    remains embryonic–cognizance elusive owing to sanction deficit. Such

    indefinite pre-trial detention, sans demonstrable trial strides, transmutes

    into punishment afore adjudication–expressly interdicted by the Apex

    Court threesome. Thus, continued deprivation mocks personal liberty.

    91. Given the scale and complexity of the prosecution, the trial is not

    likely to conclude in the near future and may reasonably take several

    years for completion. The likelihood of a prolonged and time-consuming

    trial is therefore evident. In such circumstances, continued incarceration

    of the Applicant during the pendency of an uncertain and protracted trial

    would be inconsistent with the constitutional guarantee of personal

    liberty under Article 21 of the Constitution of India.

    CONCLUSION

    92. In view of the foregoing discussion, and taking into consideration

    the long period of incarceration undergone by the Applicant, the

    magnitude of the prosecution case involving a large number of accused
    37

    persons and witnesses, the pendency of further investigation, the non-

    taking of cognizance of the charge-sheets against the Applicant, and the

    protracted nature of the trial, this Court is of the considered opinion that

    the present second bail application deserves to be allowed. However, it

    is made clear that the Applicant is being enlarged on bail solely on the

    ground of prolonged incarceration and the likelihood of delay in

    completion of investigation and trial, and not on merits of the case.

    93. The earlier order dated 04.12.2024 in M.Cr.C. No. 6496 of 2024,

    rejecting bail upon due advertence to the gravity of allegations,

    seriousness of offences implicating public funds, and magnitude of the

    alleged scam–remains impervious, its observations and findings intact

    and binding. The instant grant of bail rests sui generis on the singular

    ground of prolonged incarceration amid interminable investigation and

    nascent trial, rendering continued detention antithetical to personal

    liberty mandate under Article 21. This order shall be construed strictly

    qua change in circumstances; merits determination awaits trial

    culmination. Liberty to prosecution to seek cancellation on breach or

    material vicissitudes.

    94. Accordingly, the second bail application sans any adjudication on

    the merits of the case and circumscribing this order exclusively to the

    tenets regulating bail predicated on undue incarceration and trial delay,

    the instant second bail application merits allowance. It is well settled that

    the seriousness of the accusation, by itself, cannot be the sole ground to

    deny bail, particularly when the trial is unlikely to commence or conclude

    within a reasonable time. The object of bail is neither punitive nor
    38

    preventive, but to secure the presence of the accused during trial.

    95. The Applicant, shall stand released on regular bail qua Crime No.

    04/2024, Economic Offences Wing/Anti-Corruption Bureau,

    Chhattisgarh registered for offences u/ss 420, 467, 468, 471, 120-B IPC

    and ss. 7 & 12, Prevention of Corruption Act, 1988–upon furnishing a

    personal bond of ₹1,00,000/- (Rupees One Lakh only) with one solvent

    surety of equivalent value, to the satisfaction of the learned Trial Court,

    subject to the ensuing conditions:

    (i) he shall surrender his passport, if any,
    before the Trial Court;

    (b) the applicant must cooperate with the
    investigation and the trial proceedings;

    (c) he shall not directly or indirectly make any
    inducement, threat or promise to any person
    acquainted with the facts of the case;

    (d) he shall commit no offence whatsoever
    during the period they are on bail; and

    (e) in case of change of residential address
    and/or mobile number, the same shall be
    intimated to the Court concerned by way of an
    affidavit.

    (f) He will not leave the country without prior
    permission of the Court.

    (g) any stringent conditions as may be
    imposed by the trial court.

    96. In the event of any breach of the aforesaid conditions, it shall be
    39

    open to the prosecution to seek cancellation of bail by way of an

    appropriate application, to be disposed of on its own merits strictly in

    accordance with law.

    Sd/-

    (Arvind Kumar Verma)
    Judge

    Digitally signed
    by SUGUNA
    DUBEY
    SUGUNA Date:

    DUBEY    2026.03.03
             17:31:06
             +0530
     



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