Saumya Chaurasia vs Directorate Of Enforcement on 28 February, 2026

    0
    46
    ADVERTISEMENT

    Chattisgarh High Court

    Saumya Chaurasia vs Directorate Of Enforcement on 28 February, 2026

                                      1
    
    
    
    
                                                        2026:CGHC:10603
                                                                AFR
    
               HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                       ORDER RESERVED ON 24.02.2026
                       ORDER DELIVERED ON 28.02.2026
                       ORDER UPLOADED ON 28.02.2026
    
                           MCRC No. 1653 of 2026
    
    
    1 - Saumya Chaurasia D/o Lt. Shri O.N. Chaurasia Aged About 46
    Years R/o A/21, Surya Residency Junwani Road Kohka Bhilai Durg
    Chhattisgarh, (Currently Under Judicial Custody At Central Jail Raipur
    (C.G.) )
                                                     ... Applicant(s)
    
    
                                   versus
    
    
    1 - Directorate Of Enforcement, Raipur Zonal Office, Through Its
    Assistant Director Mr. Sunil Kumar Singh 2nd Floor, Subhash Stadium
    Moti, Bagh, Raipur, Chhattisgarh 492001.
                                                     ... Respondent(s)
    
    
    For Applicant(s)           :   Shri Siddhartha Dave, Sr. Advocate
                                   assisted    by     Shri   Harshwardhan
                                   Parganiha, Shri Mayank Jain, Shri Anshul
                                   Rai, Shri Madhur Jain, Shri Harshit
                                   Sharma, Shri Arpit Goel and Ms. Alekhya
                                   Shastry, Advocates through VC and Ms.
                                   Manubha Shankar, Advocate.
    For Respondent/ED          :   Mr. Zohaib Hossain, Advocate through VC
                                   assisted by Dr. Saurabh Kumar Pande,
                                   Special Public Prosecutor
                                        2
    
    
    
    
                  (Hon'ble Shri Justice Arvind Kumar Verma)
    
                                 C A V Order
    
    
          The present matter arises out of ECIR No. ECIR/RPZO/04/2024
    
    dated 11.04.2024 registered by the Directorate of Enforcement, Raipur
    
    Zonal Office under Sections 3 and 4 of the Prevention of Money
    
    Laundering Act, 2002 (PMLA) on the basis of a predicate offence
    
    registered by EOW/ACB, Raipur.
    
    
    
    BRIEF FACTS

    2. The prosecution case pertains to an alleged large-scale liquor

    procurement and distribution scam in the State of Chhattisgarh during

    SPONSORED

    the period 2019 to 2023, resulting in alleged generation of proceeds of

    crime amounting to approximately Rs. 2883 crores, out of which about

    Rs. 2161 crores is alleged to be illegal earnings. The prosecution

    alleges existence of a criminal syndicate comprising senior bureaucrats,

    political functionaries, intermediaries and private persons, which

    manipulated the excise policy and liquor procurement system to

    generate illegal commissions and unaccounted income.

    3. The predicate offence was registered by EOW/ACB Raipur vide

    FIR No. 04/2024 dated 17.01.2024 under Sections 420, 467, 468, 471

    and 120-B IPC and Sections 7 and 12 Prevention of Corruption Act,

    1988. The FIR alleges that certain public servants and private persons

    conspired to collect illegal commissions from distillers, Supply
    3

    unaccounted liquor, Manipulate excise policy and Cause loss to State

    exchequer. The alleged loss to the Government is stated to be

    approximately Rs. 2161 Crores and the aforesaid offences under IPC

    and Prevention of Corruption Act constitute scheduled offences under

    the PMLA. Accordingly, Enforcement Directorate registered ECIR No.

    ECIR/RPZO/04/2024 dated 11.04.2024 and initiated investigation under

    PMLA. Investigation revealed alleged laundering of proceeds of crime

    generated through illegal liquor operations.

    4. It is the allegation that the State Excise Policy was amended in

    the year 2017, and the Chhattisgarh State Marketing Corporation

    Limited (CSMCL) was established and the CSMCL was entrusted with

    exclusive responsibility of Retail sale of liquor, Procurement from

    manufacturers and supply through Government shops. The stated

    objectives of the policy included Supply of genuine liquor, Prevention of

    illegal liquor, Securing State revenue and price regulation. The Liquor

    sold in the State was divided into two categories:

    • Country Liquor (CL)

    • Indian Made Foreign Liquor (IMFL)

    Country liquor was supplied through three distilleries:

    • Chhattisgarh Distilleries Ltd.

    • Bhatia Wines & Merchants Pvt Ltd.

    • Welcome Distilleries Pvt Ltd.

    5. The prosecution alleges that a criminal syndicate led by influential

    persons subverted the excise policy and procurement mechanism. It is

    alleged that senior officials and intermediaries manipulated the liquor
    4

    policy, Controlled procurement, Collected illegal commissions and

    distributed proceeds among conspirators. The prosecution has further

    alleged that the syndicate exercised control through Placement of

    favourable officers, Award of contracts to associates, policy

    manipulation and Creation of parallel systems. There was modus

    operandi of Alleged Offences:

    PART-A

    Illegal Commission on Accounted Liquor- The Illegal commission was

    allegedly collected from distillers on supply of country liquor to CSMCL.

    Meetings were allegedly conducted with distillers in March 2019 where

    commission of Rs. 75 per case was fixed. It is alleged that the

    procurement prices were increased and the distillers paid commission

    which was shared among conspirators. The commission was allegedly

    collected regularly through intermediaries.

    PART-B

    A parallel system of liquor supply was allegedly created and it is alleged

    that unaccounted liquor was produced off-record, duplicate holograms

    were used, duplicate bottles were procured and Liquor was sold

    through Government shops. The entire sales were allegedly Cash

    based, Off books and without tax payment. The illegal liquor was

    transported directly from distilleries to shops bypassing State

    warehouses.

    It is alleged that the excise officials allegedly facilitated the

    operation and this activity allegedly continued between 2019 to 2022.

    PART-C

    The Annual commission was allegedly collected from distillers for
    5

    permitting them to operate in the State.

    PART-D

    A new mechanism was allegedly introduced in April 2020 by

    introduction of FL-10A licenses. And three firms allegedly close to

    syndicate members were granted FL-10A licenses. The license holders

    allegedly acted as intermediaries, procured foreign liquor, sold to

    Government warehouses and earned commission. Approximately 10%

    profit margin was allegedly earned and out of the profit, 60% allegedly

    went to syndicate and 40% retained by license holders.

    6. The contracts were allegedly awarded to associates of syndicate

    members including manpower supply agencies, cash collection

    agencies and hologram suppliers. The duplicate holograms were

    allegedly supplied for sale of illegal liquor and the cash collection

    agencies allegedly collected illegal commission. EOW Raipur has filed

    charge sheet dated 29.06.2024 before Special Court. Supplementary

    charge sheets were filed on 26.09.2024, 17.11.2024, 27.06.2025,

    30.06.2025, 24.08.2025 and 24.11.2025.

    7. The charge sheets allege Criminal conspiracy, Forgery,

    Corruption, Cheating and abuse of official position. As per investigation,

    proceeds of crime quantified by EOW are approximately Rs.

    2883,19,99,622/- in which breakup includes Part-A Commission, Part-B

    Illegal liquor sales, Part-C Annual commission and FL-10A profits and

    the breakup includes Part-A Commission, Part-B Illegal liquor sales,

    Part-C Annual commission and FL-10 A profits.

    6

    8. The main Prosecution Complaint is dated 19.06.2024 and the

    supplementary complaints dated 30.08.2024, 05.10.2024,12.03.2025

    15.09.2025 and 26.12.2025. These complaints contain allegations of

    laundering of proceeds of crime. The prosecution has alleged the

    systematic corruption within Excise Department. It is alleged that policy

    decisions were influenced to maximize illegal gain. The entire system is

    alleged to have been controlled by a syndicate consisting of Politicians,

    Bureaucrats and Private persons.

    9. Investigation is based on the statements recorded under Section

    50 PMLA, documentary evidence, financial records, Procurement

    records and Digital data and Excel sheets. The investigation is based

    on the statements recorded under Section 50 PMLA, Documentary

    evidence, Financial records, Procurement records and Digital data

    Excel sheets. The evidence allegedly shows systematic collection of

    illegal commissions. The prosecution alleges that the syndicate

    manipulated liquor policy, generated illegal proceeds and laundered

    proceeds of crime. The alleged proceeds of crime are approximately

    Rs. 2883 crores and the investigation is continuing.

    ROLE     OF    THE    APPLICANT/ALLEGATIONS             AGAINST      THE
    
    APPLICANT
    
    

    10. According to the prosecution, digital evidence and recovered

    electronic communications d Anil Tuteja demonstrate that the applicant

    was actively involved in monitoring the financial accounts (“hisab”) of

    the syndicate. It is alleged that the applicant regularly coordinated with

    senior bureaucrats and syndicate members for:

    7

    • Settlement of accounts

    • Reconciliation of illegal collections

    • Transfer of proceeds of crime

    • Upward flow of illicit revenue.

    The Recovered WhatsApp communications allegedly show that

    the applicant instructed Anil Tuteja to send Arun Pati Tripathi to meet

    Chaitanya Baghel (“Bittu”) regarding settlement of accounts of the

    syndicate, thereby indicating that the financial transactions were

    periodically reviewed and supervised at her level. The prosecution

    asserts that the financial accounts of the syndicate were regularly

    reported to senior political authorities and disputes relating to the

    accounts were resolved at that level under the supervision of the

    applicant.

    11. The investigation further alleges that the applicant played a

    significant role in facilitating appointments of key officers in the Excise

    Department and related institutions. WhatsApp communications dated

    07.05.2019 allegedly show that the applicant forwarded draft note-

    sheets regarding appointments in the Excise Department to Anil

    Tuteja even prior to formal approval. It is alleged that the names of

    Niranjan Das and Arun Pati Tripathi had already been finalized by the

    syndicate for appointment as Excise Commissioner and Managing

    Director of CSMCL.

    12. The prosecution case is that after approval of the note-sheet by

    the competent authority, the applicant forwarded the signed note-sheet

    to Anil Tuteja, who further transmitted the same to other members of
    8

    the syndicate. According to the prosecution, this demonstrates the

    applicant’s active role in ensuring the placement of compliant officers to

    facilitate smooth operation of the illegal liquor scheme. The prosecution

    has alleged that the applicant was actively coordinating with Chaitanya

    Baghel for settlement of accounts and transfer of proceeds of crime.

    13. It is alleged that the applicant supervised reconciliation of

    accounts and ensured proper distribution of illegal proceeds among

    beneficiaries. The investigation asserts that the applicant functioned as

    a senior political coordinator responsible for movement and

    management of illicit funds. The Supreme Court in Siddharth v. State

    of UP (2022) 1 SCC 676 held that Custodial arrest is not necessary

    once investigation is complete. Continued detention is therefore

    unjustified.

    14. The prosecution relies upon the statement of K.K. Shrivastava

    dated 23.06.2025, wherein it is alleged that he received approximately

    Rs. 72 Crores in cash from Laxminarayan Bansal under the

    instructions of the applicant and handed over the same to hawala

    operators at Raipur. It is further alleged that the drivers employed

    under him confirmed transportation of cash consignments strictly as per

    instructions communicated on behalf of the applicant. The prosecution

    also relied upon the statement of Nikhil Chandrakar dated 02.12.2025,

    wherein he allegedly stated that he received approximately Rs. 5

    Crores in cash from Laxminarayan Bansal under instructions of the

    applicant. He had collected funds from Dipen Chawda on behalf of the

    applicant.

    9

    15. The prosecution further relies upon diary entries allegedly

    recovered from Suryakant Tiwari, wherein receipts attributed to the

    applicant from Anwar Dhebar have been recorded. On the basis of

    these diary entries, the prosecution alleges that the applicant received

    approximately Rs. 43.50 Crores from proceeds of the liquor scam. The

    prosecution alleges that the applicant has handled, assisted, acquired

    and possessed proceeds of crime to the extent of approximately Rs.

    115.5 Crores.

    16. It is further alleged that the applicant invested such proceeds in

    acquisition of properties in her own name and in the names of family

    members. The prosecution alleges that the applicant knowingly

    assisted in the movement of illicit funds, Cash handling, Hawala

    transactions and layering of proceeds of crime. According to the

    prosecution, the applicant directed intermediaries handling cash

    collections and supervised hawala transactions for layering and

    integration of proceeds of crime. It is alleged that the applicant ensured

    delivery of illegal proceeds to political beneficiaries. The prosecution

    has alleged that the applicant knowingly assisted in generation of

    proceeds of crime, possessed proceeds of crime,concealed proceeds

    of crime and projected proceeds of crime as untainted property. On the

    basis of the aforesaid allegations, the prosecution asserts that the

    applicant has knowingly participated in activities connected with

    proceeds of crime and is therefore liable for offence under Section 3

    punishable under Section 4 of the PMLA.

    17. It is alleged that the applicant acquired proceeds of crime,
    10

    possessed proceeds of crime, concealed proceeds of crime and used

    proceeds of crime projecting proceeds of crime as untainted. The

    prosecution contends that the material on record including statements

    recorded under Section 50 PMLA, Digital evidence, WhatsApp

    communications, diary entries and financial records establishes a prima

    facie case of money laundering against the applicant. It is therefore

    alleged that there exist reasonable grounds for believing that the

    applicant is guilty of the offence of money laundering within the

    meaning of Section 45 of the PMLA.

    I.    INTRODUCTORY        SUBMISSIONS        ON    BEHALF     OF      THE
    
    APPLICANT
    
    

    18. The present applicant seeks grant of regular bail in connection

    with ECIR No. ECIR/RPZO/04/2024 registered by the Directorate of

    Enforcement under Sections 3 and 4 of the Prevention of Money

    Laundering Act, 2002. The Applicant was arrested on 16.12.2025, after

    prolonged investigation extending over nearly two years and after filing

    of multiple prosecution complaints. The Applicant has cooperated

    throughout the investigation and has never avoided summons or

    proceedings. The Applicant satisfies the Triple test for bail and Twin

    conditions under Section 45 PMLA and is therefore entitled to bail.

    II. APPLICANT NOT NAMED IN FIR OR ECIR

    19. Shri Siddarth Dave, learned Senior Counsel contended that the

    Applicant is neither named in the predicate FIR No. 04/2024 or the

    ECIR No. ECIR/RPZO/04/2024. The applicant was implicated only

    subsequently during investigation without any independent incriminating
    11

    material. No recovery whatsoever has been made from the Applicant

    and no proceeds of crime have been traced to the Applicant. The Apex

    Court in Prem Prakash vs Directorate of Enforcement (2024) 9 SCC

    787 held that existence of proceeds of crime and nexus with accused

    must be shown. In absence of any recovery or traceable proceeds of

    crime, continued incarceration is unjustified.

    III. ARREST AFTER YEARS OF INVESTIGATION

    20. The Applicant has been arrested after prolonged investigation

    and after filing of prosecution complaints. The Apex Court in Arvind

    Kejriwal vs Directorate of Enforcement (2025) 2 SCC 248, has held

    that arrest must be justified by necessity and not merely formality. It has

    held that arrest cannot be mechanical or merely because it is lawful to

    do so. The Applicant was never arrested earlier despite repeated

    investigations which clearly shows absence of necessity. The present

    arrest is therefore a residual and formal arrest, liable to be viewed with

    suspicion.

    IV. EVERGREENING OF CUSTODY

    21. Next contention on behalf of the applicant s that the applicant has

    been arrested repeatedly in multiple cases. The Applicant has been

    arrested six times in total despite being granted bail repeatedly. This

    establishes deliberate attempt to prolong incarceration by successive

    arrests. The Apex Court in Binay Kumar Singh vs State of

    Jharkhand (2026) deprecated multiple arrests to prolong custody and

    granted bail. Such practice violates Articles 14 and 21 of the

    Constitution.

    V. BAIL GRANTED IN MULTIPLE CASES
    12

    22. It is contended that the Applicant has already been granted bail in

    multiple cases including Coal case (ED), Coal case (EOW),

    Disproportionate Assets case and DMF case. The interim bails granted

    by the Apex Court have been confirmed. The Applicant has never

    violated any bail condition. This establishes that the Applicant is not

    likely to Abscond, Tamper evidence and Influence witnesses. In Sanjay

    Chandra vs CBI (2012) 1 SCC 40, the Apex Court held that Bail is the

    rule and jail is the exception.

    VI. PARITY WITH CO-ACCUSED

    23. Contention of the counsel for the applicant is that out of 81

    accused persons, only 9 were arrested. Several alleged key

    conspirators have already been granted bail including Anwar Dhebar,

    Arun Pati Tripathi, Anil Tuteja, Kawasi Lakhma, and Chaitanya Baghel

    and the Applicant stands on better footing. Bail on parity is a recognized

    principle.

    In Dataram Singh vs State of UP (2018) 3 SCC 22, the Apex

    Court has held that Consistency in granting bail is an important facet of

    Article 14. Similarly in Ravindra Saxena vs State of Rajasthan (2010)

    1 SCC 684, parity was recognized as valid ground.

    VII. SELECTIVE ARRESTS – PICK AND CHOOSE POLICY

    24. Several persons alleged to be involved including distillery owners,

    Cash aggregators, Contractors have not been arrested. The Applicant

    alone has been singled out. The Apex Court in Maneka Gandhi vs

    Union of India (1978) 1 SCC 248 held that State action mus The Delhi
    13

    High Court in Vipin Yadav vs ED, 2025 SCC Online Del 6237 held that

    pick-and-choose arrests justify bail.

    VIII. ENTIRE CASE BASED ON STATEMENTS OF CO-ACCUSED

    25. It is contended on behalf of the applicant that the entire case of

    the prosecution rests upon statements of co-accused and witnesses

    recorded under Section 50 PMLA. There is no independent

    documentary evidence. The Apex Court in Haricharan Kurmi vs State

    of Bihar AIR 1964 SC 1184 has held that Confession of co-accused

    has weak evidentiary value. Similarly in Subramanya vs State of

    Karnataka (2023) 11 SCC 255, the Court has held that Conviction

    cannot be based solely on confession of co-accused. In Prem

    Prakash vs ED (2024) 9 SCC 787, it has been held that reliance solely

    on statements was deprecated.

    IX. NO PROCEEDS OF CRIME RECOVERED

    26. There were no proceeds of crime recovered from the Applicant.

    No bank account showing laundering has been identified and no

    property has been attached exclusively belonging to the Applicant from

    alleged proceeds. In Vijay Madanlal Choudhary vs Union of India

    (2022) 10 SCC 1, the Apex Court held that Proceeds of crime is

    foundational requirement. Absence of traceable proceeds negates

    money laundering allegation.

    X. INVESTIGATION COMPLETE

    27. The investigation qua Applicant is complete and the prosecution

    Complaint dated 26.12.2025 has already been filed. Entire evidence is

    documentary in nature therefore no custodial interrogation is required.
    14

    In P. Chidambaram vs ED (2019) 9 SCC 24, the Apex Court has held

    that when investigation is complete, continued custody is not justified.

    XI. TRIAL WILL TAKE LONG TIME

    28. The prosecution involves 81 accused, 117 witnesses, hundreds of

    documents, The Predicate offence involves 52 accused, 1193

    witnesses and 11000+ documents., the trial is unlikely to conclude in

    near future. In Union of India vs K.A. Najeeb(2021) 3 SCC 713, the

    Apex Court has held that Prolonged incarceration violates Article 21.

    XII. APPLICANT IS A WOMAN – BENEFIT OF PROVISO TO

    SECTION 45

    29. It is contended that the Applicant is a woman and the first proviso

    to Section 45 PMLA permits bail to women. In Enforcement

    Directorate vs Preeti Chandra (2023 SCC Online SC 930), the

    Supreme Court has held that benefit to women is discretionary but

    relevant consideration. The Applicant deserves liberal approach.

    XIII. TWIN CONDITIONS SATISFIED

    30. There are reasonable grounds to believe that Applicant is not

    guilty because she has not been named in FIR, No recovery, No

    independent evidence and statements only evidence, Parity with co-

    accused. The applicant is not likely to commit offence while on bail

    because multiple bails have been granted, no violation and is a

    permanent resident having deep roots. Thus twin conditions are

    satisfied.

    XIV. CONSTITUTIONAL PRINCIPLES
    15

    31. Bail jurisprudence is rooted in Article 21. In Gudikanti

    Narasimhulu vs Public Prosecutor (1978) 1 SCC 240, the Court held:

    Personal liberty cannot be casually curtailed. In Nikesh Tarachand

    Shah vs Union of India (2018) 11 SCC 1, importance of liberty was

    emphasized.

    XV. FAILURE OF RESPONDENT TO ESTABLISH “REASONS TO

    BELIEVE”

    32. It is respectfully submitted that the arrest of the Applicant under

    Section 19 of the Prevention of Money Laundering Act is vitiated as the

    mandatory requirement of recording valid “reasons to believe” based on

    credible material has not been satisfied. The Respondent has merely

    reproduced allegations from statements and prosecution complaints

    without demonstrating the independent application of mind required

    under Section 19 PMLA. The Supreme Court in Arvind Kejriwal v.

    Directorate of Enforcement, (2025) 2 SCC 248, has held that “The

    requirement of “reasons to believe” must be real and based on tangible

    material and cannot be mechanical reproduction of allegations.”

    33. The arrest memo and grounds of arrest in the present case

    merely summarize allegations without showing how the Applicant:

    acquired proceeds of crime, Possessed proceeds of crime and

    projected proceeds as untainted property. Therefore the statutory

    requirement under Section 19 PMLA stands violated.

    XVI. ABSENCE OF DIRECT NEXUS WITH PROCEEDS OF CRIME

    34. It is submitted that the Respondent/ED has failed to establish a

    direct nexus between the Applicant and proceeds of crime, which is the
    16

    sine qua non for invoking Section 3 PMLA. The Supreme Court in

    Vijay Madanlal Choudhary v. Union of India (2022) 10 SCC 1, held

    that Proceeds of crime must be linked with the accused person. In the

    present case, No proceeds were recovered, there was no money trail,

    No bank accounts traced and no financial layering shown.

    The allegation that the Applicant handled Rs.115.5 crores is

    based solely on statements without documentary support. Such bald

    allegations cannot satisfy Section 45 PMLA.

    XVII. ENTIRE CASE BASED ON INFERENCES

    35. The prosecution case is based upon assumptions, Inferences,

    Interpretations of chats and statements of interested witnesses. No

    independent documentary evidence exists linking the Applicant with

    laundering activity. The Supreme Court in P. Chidambaram v.

    Directorate of Enforcement (2019) 9 SCC 24 held that bail can be

    granted where evidence is primarily documentary and custodial

    interrogation is unnecessary. The Applicant is not required for further

    investigation.

    XVIII. NO POSSIBILITY OF TAMPERING WITH EVIDENCE

    36. Learned counsel for the applicant submits that the Respondent

    has failed to demonstrate any real apprehension that the Applicant will

    tamper with evidence. Entire evidence is Documentary, Digital and

    already seized.

    The Supreme Court in Sanjay Chandra v. CBI (2012) 1 SCC 40

    held that “Where evidence is documentary, apprehension of tampering

    is minimal. The Applicant has already remained on bail in multiple cases

    without any violation.

    17

    XIX. REPEATED ARRESTS VIOLATE ARTICLE 21

    37. The Applicant has been arrested repeatedly in different ECIRs on

    substantially identical material. Such successive arrests defeat the

    constitutional guarantee of personal liberty. The Supreme Court in

    Satender Kumar Antil v. CBI (2022) 10 SCC 51 emphasized that

    criminal law cannot be used to perpetuate custody. Repeated arrests

    amount to indirect denial of bail.

    XX. BENEFIT OF PROVISO TO SECTION 45 – WOMAN ACCUSED

    38. It is contended that the applicant is a woman and therefore

    entitled to liberal consideration under the first proviso to Section 45

    PMLA. The proviso reflects legislative intent to adopt a humane

    approach. The Courts have consistently granted bail to women even in

    stringent statutes. The Supreme Court in Ranjitsing Brahmajeetsing

    Sharma v. State of Maharashtra (2005) 5 SCC 294 has held that Bail

    conditions must be interpreted in a manner consistent with personal

    liberty. The Applicant deserves benefit of the proviso.

    XXI. PRESUMPTION OF INNOCENCE CONTINUES

    39. The Respondent seeks to treat allegations as proof. Bail

    proceedings cannot become a mini trial. As has been held by the

    Supreme Court in Dataram Singh v. State of UP (2018) 3 SCC 22 that

    Presumption of innocence continues till conviction. The Applicant

    cannot be detained merely on suspicion.

    XXII. ECONOMIC OFFENCE NOT ABSOLUTE BAR TO BAIL

    40. The Respondent has emphasized seriousness of offence. Gravity

    alone cannot justify denial of bail. The Supreme Court in Sanjay

    Chandra v. CBI (2012) 1 SCC 40 has held that Seriousness of
    18

    offence cannot override right to liberty. Similarly in P. Chidambaram v.

    ED (2019) 9 SCC 24, bail was granted in a PMLA case.

    XXIII. BALANCE OF CONVENIENCE FAVOURS BAIL

    41. Learned counsel for the applicant submits that the applicant is not

    a flight risk, has cooperated and roots in society, already on bail in other

    cases and the investigation is complete. The continued custody serves

    no purpose.

    42. In short, it is contended that the Applicant satisfies Twin

    Conditions, reasonable grounds of innocence exist, not likely to commit

    offence. In the Triple Test, there is no flight risk, no tampering and no

    influence. The continued incarceration of the Applicant is

    disproportionate and violative of Article 21 of the Constitution. It is

    therefore respectfully prayed that the Applicant be enlarged on bail.

    43. The Applicant has been granted bail by the Supreme Court on

    three occasions and by the learned Sessions Court on one

    occasion, and the said bail orders continue to operate without any

    violation on the part of the Applicant. Despite this, the Applicant has

    been subjected to repeated arrests and has been arrested as many as

    six times in total, which clearly demonstrates a pattern of successive

    and overlapping arrests designed to prolong incarceration. The

    successive arrests of the Applicant on substantially similar

    material reveal a deliberate attempt to circumvent the grant of bail

    by courts of competent jurisdiction and to ensure continued custody

    through different proceedings. Such repeated arrests defeat the very
    19

    purpose of bail jurisprudence and amount to indirect denial of liberty

    guaranteed under Article 21 of the Constitution of India.

    44. The interim bails granted to the Applicant by the Apex Court

    in different proceedings have subsequently been confirmed by the

    Supreme Court vide order dated 28.01.2026, thereby affirming that

    the Applicant is not required to remain in custody. The following

    chronology demonstrates the repeated arrests and grant of bail to the

    Applicant:

    1. 02.12.2022 Arrested in Coal Scam by ED
    (ECIR/RPZO/09/2022)

    2. 23,05.2024 Petitioner arrested in Coal Scam by EOW (FIR
    No. 03/2024

    3. 25.09.2024 ED Interim Bail granted in Coal Scam by Apex
    Court

    4. 08.11.2024 Arrested in Disproportionate Assets case (FIR
    No. 22/2024)

    5. 08.01.2025 Default bail granted in disproportionate Assets
    case

    6. 03.03.2025 EOW Interim bail granted in Coal scam by
    Supreme Court

    7. 03.03.2025 Arrested in DMF scam (FIR No. 02/2024
    immediately

    8. 29.05.2025 Interim bail granted in DMF scam by the Apex
    Court

    45. The above sequence unmistakably establishes that the Applicant

    has been consistently found entitled to bail by constitutional courts, and

    at no stage has the Applicant misused the liberty granted to her. It is

    further submitted that the Supreme Court, after hearing the

    Applicant on the issue of multiple arrests, illegal arrests and evergreen

    custody, passed order dated 09.02.2026 in W.P. (Criminal) No. 18 of
    20

    2026, directing that the present bail application be considered by this

    Court keeping in view the previous bail orders granted to the Applicant

    as well as to other co-accused persons. The Supreme Court

    specifically observed as under:

    “The High Court is requested to take up both matters
    on a priority basis and make an endeavor to decide the
    same at the earliest, but not later than two weeks. The
    High Court will also keep in mind the various orders
    passed by this Court granting bail to the Petitioner and
    other co-accused.”

    The Supreme Court’s aforementioned direction unequivocally

    underscores that prior bail orders favouring the Applicant and similarly

    situated co-accused represent a material and compelling consideration

    for the instant application.

    46. Having been repeatedly enlarged on bail by the Apex Court–

    complying scrupulously with all imposed conditions–the Applicant

    merits parity and consistent treatment herein. In light of these facts and

    the Supreme Court’s express mandate, her continued incarceration

    offends settled tenets of parity (State of Maharashtra v. Suresh

    Nivrutti Bhokare, 2024 INSC 157), judicial consistency, and Article 21

    safeguards of personal liberty (Prahlad Singh Bhati v. NCT of Delhi,

    2001 4 SCC 280).

    47. It is further submitted that out of 81 accused persons in the

    present case, only 9 have been arrested and as many as 7 arrested

    accused have already been enlarged on bail, while the remaining

    accused persons have been charge-sheeted without arrest.
    21

    Significantly, even the alleged principal conspirators, namely Anil

    Tuteja, Anwar Dhebar, Arun Pati Tripathi, Kawasi Lakhma and

    Chaitanya Baghel, have already been granted bail by the competent

    courts.

    48. The Applicant stands on a far better footing than the said co-

    accused, inasmuch as there is no recovery of proceeds of crime from

    the Applicant, no direct financial trail has been attributed to her, and her

    alleged role is based primarily on statements of co-accused and

    inferential allegations. It is a settled principle of criminal jurisprudence

    that similarly situated accused are entitled to bail on the ground of

    parity, particularly when the persons alleged to be the main architects of

    the offence have already been enlarged on bail. The following chart

    reflects the bail granted to the co-accused persons in the present case:

    1. Trilok Singh Dhilon Cr.A. No. 1535 of 2025 26.03.2025

    2. Anwar Dhebar Cr.A. No. 2669 of 2025 19.05.2025

    3. Arun Pati Tripathi Cr.A. No. 725 of 2025 12.02.2025

    4. Anil Tuteja SLP (Crl.) No. 3148 of 15.04.2025
    2025

    5. Arvind Singh Cr.A. No. 2576 of 2025 13.05.2025

    6. Chaitanya Baghel MCRC No. 8716 of 2025 02.01.2026

    7. Kawasi Lakhma SLP (Crl.) No. 03.02.2026
    16980/2025

    49. The above direction makes it clear that the previous bail orders in

    favour of the Applicant and similarly placed co-accused persons

    constitute a decisive and relevant consideration for adjudication of the

    present bail application. Once the Apex Court has directed

    consideration of the present bail application on the threshold of bail
    22

    granted to the Applicant and co-accused, there remains no justification

    for continued incarceration of the Applicant, particularly when the

    investigation is complete and the prosecution complaint has already

    been filed.

    XXIV. NO PRIMA FACIE CASE UNDER SECTION 3 PMLA

    50. It is submitted that no prima facie case under Section 3 of the

    Prevention of Money Laundering Act, 2002 is made out against the

    Applicant, even on a bare reading of the Supplementary Prosecution

    Complaint dated 26.12.2025. The entire case of the Respondent

    proceeds on assumptions and inferential allegations without

    establishing any direct nexus between the Applicant and the alleged

    proceeds of crime. The Supreme Court in Prem Prakash v.

    Directorate of Enforcement (2024) 9 SCC 787 has held that the

    prosecution must demonstrate a clear nexus between the accused and

    the proceeds of crime.

    XXV. SCHEDULED OFFENCE NOT ESTABLISHED

    51. It is submitted that the prosecution under PMLA is dependent

    upon the existence of a scheduled offence generating proceeds of

    crime. Charges in the predicate offence are yet to be framed. Trial in

    predicate offence has not commenced. Investigation in predicate

    offence remains open. The Supreme Court in V. Senthil Balaji v.

    Directorate of Enforcement (2024 SCC OnLine SC 2626) has held

    that Proceeds of crime must arise from a scheduled offence and the

    same must be established in prosecution. In absence of final

    determination of scheduled offence, continued incarceration under

    PMLA is unjustified.

    23

    XXVI. PROLONGED TRIAL JUSTIFIES BAIL

    52. The prosecution involves 81 accused persons, 117 witnesses,

    61,000+ pages of documents and multiple prosecution complaints. The

    trial has not commenced and is unlikely to conclude within reasonable

    time. The Supreme Court in Union of India v. K.A. Najeeb (2021) 3

    SCC 713 held that Prolonged incarceration violates Article 21 even in

    stringent statutes. Similarly in Sanjay Chandra v. CBI (2012) 1 SCC

    40, it was held that Detention during trial cannot become punishment.

    Continued incarceration of the Applicant would amount to pre-trial

    punishment.

    SUBMISSION ON BEHALF OF THE ED

    53. Shri Zohaib Hossain, learned counsel for the respondent/ED

    contended that the present application seeking bail under Section 45 of

    the Prevention of Money Laundering Act, 2002 is wholly misconceived,

    premature and liable to be rejected, as the Applicant has played a

    central and supervisory role in the generation, handling and layering of

    proceeds of crime in the Chhattisgarh Liquor Scam involving hundreds

    of crores of rupees. The material collected during investigation clearly

    establishes the Applicant’s active participation in the process and

    activity connected with proceeds of crime, thereby attracting Section 3

    punishable under Section 4 PMLA. The Applicant does not satisfy the

    twin conditions under Section 45 PMLA, and therefore is not entitled to

    bail.

    I. APPLICANT PLAYED A KEY AND SUPERVISORY ROLE IN

    MONEY LAUNDERING
    24

    54. Investigation has revealed that the Applicant, while functioning as

    Deputy Secretary to the Chief Minister, acted as a senior political

    coordinator and supervisory authority in the liquor syndicate. The

    evidence collected demonstrates (i) Supervisory Role Coordinated

    with Anil Tuteja, Anwar Dhebar, Chaitanya Baghel and Arun Pati

    Tripathi. The WhatsApp chats and digital evidence clearly

    demonstrate Settlement of accounts (“Hisab”), Transfer of funds,

    Appointment of excise officers and Policy manipulation. This

    establishes active involvement in laundering process. Under the

    Section 3 of the PMLA, Knowing assistance or facilitation is sufficient.

    The Supreme Court in Vijay Madanlal Choudhary v Union of India

    (2022) 10 SCC 744 / (2023) 12 SCC 1, has held that “Direct handling

    of money is not necessary; involvement in any activity connected with

    proceeds of crime attracts Section 3.”

    II. DIRECT MONEY TRAIL AND CASH HANDLING ESTABLISHED

    55. The statements recorded under Section 50 PMLA reveal that one

    of the co-accused namely, K.K. Shrivastava received Rs.72 Crores

    under instructions of Applicant and delivered to hawala operators. This

    apart, one Nikhil Chandrakar, received Rs.5 Crores under instructions

    of the applicant. The Diary Entries receipt of approx Rs.43.5 Crores was

    utilized for assets and the total involvement approximately to Rs.115.5

    Crores which establishes Possession, Use, Layering and Projection

    that fully attracts Section 3 of the PMLA. The Supreme Court in Tarun

    Kumar v Directorate of Enforcement, 2023 SCC OnLine SC 1486,

    has held that “Statements recorded under Section 50 PMLA are

    substantive evidence and can form basis of prosecution.”
    25

    III. STATEMENTS UNDER SECTION 50 PMLA ARE ADMISSIBLE

    56. The Applicant’s argument that Section 50 statements are weak

    evidence is incorrect. The Supreme Court in Vijay Madanlal

    Choudhary (2023) 12 SCC 1 has held that statements under Section

    50 are admissible and ED officers are not police officers. It has been

    held in Rohit Tandon v Directorate of Enforcement (2018) 11 SCC

    46 that Such statements constitute important evidence.

    Further it has been held in Tarun Kumar v ED (2023 SCC

    OnLine SC 1486) that Statements are sufficient to establish prima facie

    case at bail stage.

    IV. WHATSAPP CHATS ARE VALID EVIDENCE

    57. The Applicant’s contention regarding WhatsApp chats is

    misleading. Digital evidence recovered from co-accused is legally

    admissible. The Supreme Court in Arjun Panditrao Khotkar v

    Kailash Kushanrao Gorantyal (2020) 7 SCC 1, has held that

    rtquirement of certificate arises at trial stage. At bail stage, prima facie

    evaluation is sufficient. It has also been held in the matter of

    Mahimananda Mishra v State of Orissa (2018) that Court must not

    conduct mini trial at bail stage. Therefore admissibility objections

    irrelevant.

    V. NO REQUIREMENT OF RECOVERY FROM ACCUSED

    58. It is contended on behalf of the Applicant that there was no

    recovery- this argument is legally untenable. Money laundering

    involves layering and concealment. The Supreme Court in Vijay

    Madanlal Choudhary (supra) held that Possession not necessary if
    26

    involvement shown. Similarly in Rohit Tandon (2018) 11 SCC 46,

    Money laundering rarely involves direct possession.

    VI. GRAVITY OF OFFENCE EXTREMELY HIGH

    59. The present case involves Multi-crore scam,Organized syndicate

    Policy manipulation, Hawala transactions and Political protection. The

    Supreme Court in State of Bihar v Amit Kumar (2017) 13 SCC 751

    has held that Economic offences are a class apart and require stricter

    approach in bail. In Y.S. Jagan Mohan Reddy v CBI (2013) 7 SCC 439

    it has been held that Economic offences affect society at large and bail

    must be granted cautiously.

    VII. DELAY IN TRIAL NO GROUND FOR BAIL

    60. It is submitted that the prosecution’s reliance on Gurwinder

    Singh v. State of Punjab (2024 SCC OnLine SC 623) and Chandra

    Sarkar v. Rajesh Ranjan @ Pappu Yadav (2004) 7 SCC 528, to

    contend that delay alone cannot justify bail in serious offences

    warranting continued custody, is thoroughly misconceived and

    inapplicable to the facts of the present case. In Gurwinder Singh

    (supra), the Apex Court has merely clarified that prolonged delay in

    trial, without more, does not ipso facto entitle an accused to bail where

    overwhelming evidence of culpability exists and public interest

    demands restraint; however, the said precedent is wholly

    distinguishable herein, as the Applicant’s arrest effected post filing of

    the Main Chargesheet dated 01.07.2024 and seven Supplementary

    Chargesheets, without arraigning her as accused, conclusively belies

    any incriminating material, rendering custody not only unnecessary but

    constitutionally impermissible under Article 21. Similarly, Chandra
    27

    Sarkar (supra) pertains to economic offences involving massive public

    exchequer loss with prima facie complicity established pre-arrest, unlike

    the instant matter where no such pre-chargesheet evidence implicates

    the Applicant, and investigation stands complete sans his involvement.

    The prosecution’s mechanical invocation of these authorities ignores

    the statutory mandate of Section 167(2) CrPC, entitling default bail

    upon expiry of 90 days absent completed Chargesheet against the

    Applicant, as affirmed in Bikramjit Singh v. State of Punjab (2020) 19

    SCC 289. Continued detention, absent tangible material, thus

    constitutes colourable exercise of power, deserving to be

    discountenanced.

    VIII. PARITY NOT APPLICABLE

    61. The prosecution’s invocation of parity is wholly misconceived and

    untenable, as the Applicant occupies the position of the senior-most

    functionary, supervisory authority, and key policy influencer, with

    responsibilities distinct and superior to those of any co-accused granted

    interim bail. The principle of parity, as expounded by the Supreme Court

    in Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana (2021)

    6 SCC 230, applies strictly where accused share identical roles,

    culpability, and antecedents, a sine qua non absent herein. In the cited

    case, Their Lordships clarified that “parity does not mean and cannot

    mean that every accused must be granted bail or refused bail on the

    same grounds,” emphasizing differentiation based on hierarchical

    disparity and distinct involvement.

    62. Unlike junior functionaries whose alleged acts, if any, fall under
    28

    direct supervision of the Applicant, the prosecution has failed to

    attribute any specific overt act, command, or policy directive implicating

    him, as evidenced by his non-inclusion in the Main Chargesheet dated

    01.07.2024 and seven Supplementary Chargesheets. Granting bail to

    subordinates while denying it to the Applicant on parity would

    perversely invert justice, rewarding juniors while penalizing supervisory

    oversight absent mens rea. This position aligns with State of Kerala v.

    Raneef (2011) 1 SCC 784, holding parity inapplicable to those in

    superior positions without prima facie evidence of active conspiracy.

    Rejection of parity is thus compelled, warranting Applicant’s release on

    parity with those already enlarged.

    IX. ARREST AFTER TWO YEARS JUSTIFIED

    63. The Applicant’s arrest after nearly two years from FIR is

    eminently justified, as incriminating evidence emerged in 2025

    statements of protected witnesses/co-accused, disclosing his

    supervisory role and policy influence in laundering proceeds–material

    unavailable earlier despite diligent probe. The Main Chargesheet

    (01.07.2024) and Supplementary Chargesheets prudently omitted him

    pending these disclosures, aligning with investigative prudence. The

    Supreme Court in Tarun Kumar v. Directorate of Enforcement (2023

    SCC OnLine SC 1486) squarely holds late implication valid where

    evidence surfaces later in layered probes like PMLA, overruling

    mechanical timelines. Satender Kumar Antil (2022) 10 SCC 51 is

    inapposite, applying to routine cases sans economic offence gravity.

    Custody is thus lawful.

    29

    X. NO EVERGREENING OF CUSTODY

    64. The arrest of the applicant on 16.12.2025 follows Saumya

    Chaurasia v. Directorate of Enforcement (2024) 6 SCC 401

    upholding PMLA arrests on credible material, with investigation ongoing

    2025 statements mandate further sifting of digital trails/assets

    attributable to Applicant as senior functionary. Section 167(2) CrPC

    default is inapplicable mid-probe (Abhishek Singh, 2023 SCC OnLine

    SC 1622, para 18). Continued custody is imperative for

    recovery/confrontation as per Vijay Madanlal Choudhary v. Union of

    India (2022) 18 SCC 1 (PMLA rigours). Bikramjit Singh (2020) 19

    SCC 289 pertains to routine offences, not PMLA’s stringent paradigm.

    Bail rejection safeguards public interest.safeguards public interest.

    XI. POSSIBILITY OF TAMPERING VERY HIGH

    65. He contended that the applicant is an Influential bureaucrat, has

    Political connections and Senior role. The witnesses include

    bureaucrats, syndicate members, drivers and intermediaries, and

    therefore the release will prejudice investigation. It has been held in

    P.Chidambaram Vs. ED (2019) 9 SCC 21 that influence factor is

    relevant.

    XII. SUPREME COURT ORDER 09.02.2026 DOES NOT HELP

    APPLICANT

    66. The Supreme Court’s order dated 09.02.2026 unequivocally

    mandates adjudication of bail strictly on merits, issuing no direction for

    grant thereof. This forecloses any reliance on parity or extraneous
    30

    considerations. Rigorous Twin Conditions Under Section 45 NDPS Act

    Unmet Section 45 NDPS Act erects an impregnable bar and the bail is

    permissible only upon satisfaction that (i) the Applicant is not guilty; and

    (ii) unlikely to commit further offences while on bail. The Applicant

    satisfies neither. From the Prosecution evidence–documentary and

    investigative–establishes prima facie complicity beyond pale of doubt.

    67. Mere absence from FIR or initial Chargesheet confers no

    immunity as post-supplemental statements (2025) unequivocally reveal

    the Applicant’s pivotal supervisory/policy role in laundering,

    necessitating arrest post-emergence of this layered evidence–prudent

    investigative sequencing upheld in Tarun Kumar v. ED (2023 SCC

    OnLine SC 1486).

    68. Reoffending risk looms large: The gravity of the ofence (multi-

    crore laundering), prior conditional bail enlargements of co-accused,

    and parallel multi-agency probes (ED/CBI) imperil public interest,

    witness safety, and probe integrity upon release, demanding continued

    custody per Saumya Chaurasia v. ED (2024) 6 SCC 401.

    Binding precedents brook no dilution: Vijay Madanlal Choudhary v.

    Union of India (2022) 10 SCC 229 mandates PMLA twin conditions u/s

    45(1) as”mandatory and non-derogable” (para 160), overriding general

    bail norms. Rohit Tandon v. Directorate of Revenue Intelligence

    (2022) 9 SCC 465 reinforces rigorous satisfaction imperative; “not

    guilty” contemplation demands assessing entire prosecution case, not

    preliminary skirmishes (para 28). Bail rejection is thus statutorily

    compelled.

    31

    XIII. PLEA OF MALAFIDES IS IRRELEVANT AT THE STAGE OF

    BAIL

    69. The Applicant has attempted to contend that the present

    proceedings are motivated by political vendetta and malafides, and

    therefore the bail application deserves to be allowed. The said

    contention is wholly misconceived and legally untenable. It is a settled

    position of law that allegations of malafides are irrelevant where the

    prosecution is supported by material collected during investigation. The

    Supreme Court in State of Bihar v. P.P. Sharma, 1992 Supp (1) SCC

    222 held that Allegations of mala fide after lodging of FIR are of no

    consequence and cannot be the basis for quashing proceedings.

    Similarly, in State of Maharashtra v. Ishwar Piraji Kalpatri (1996) 1

    SCC 542 it was held that If ingredients of the offence exist, prosecution

    cannot fail merely because of alleged mala fides. The Supreme Court

    in Monica Kumar v State of U.P. (2008) 8 SCC 781 (Para 37) held that

    Mere allegations of mala fides would be no ground for quashing

    proceedings. In Umesh Kumar v State of A.P. (2013) 10 SCC 591

    (Paras 23-26) the Hon’ble Supreme Court held that Criminal

    prosecution otherwise justified does not become vitiated on account of

    mala fides. Recently, in Ramveer Upadhyay v State of U.P., 2022

    SCC OnLine SC 484 the Supreme Court held that Criminal

    prosecution otherwise justified does not become vitiated on account of

    mala fides.

    70. The Applicant’s plea of political vendetta as vitiating proceedings

    is wholly untenable, warranting summary dismissal. The Supreme Court
    32

    has unequivocally held that political vendetta cannot, by itself, justify

    quashing criminal proceedings where prima facie case exists–robustly

    independent of extraneous motives (Daxaben v. State of Gujarat,

    2022 SCC OnLine SC 936, para 35: “Criminal prosecution, if otherwise

    justified, is not vitiated on account of vendetta”).This binds herein:

    Incriminating 2025 statements, layered PMLA evidence, and

    Applicant’s supervisory role establish prosecutorial justification,

    untainted by alleged malice. General bail jurisprudence yields to

    PMLA’s rigours (Vijay Madanlal Choudhary, 2022) 10 SCC 229),

    rendering the plea a red herring unfit for traction. Outright rejection

    follows as a matter of law.

    XVI. ABSENCE OF ATTACHMENT OR RECOVERY NO GROUND

    FOR BAIL

    71. The Applicant has contended that no recovery or attachment has

    been made qua the Applicant in the present ECIR. The said contention

    is misleading. Investigation has revealed that properties worth

    approximately Rs.383.5 crores have already been attached in the

    present money laundering investigation. Merely because attachment

    proceedings against certain properties of the Applicant are under

    process does not dilute the prosecution case. Attachment and arrest

    are independent powers under PMLA. The Supreme Court in Vijay

    Madanlal Choudhary v Union of India (2023) 12 SCC 1 held that

    Involvement in process connected with proceeds of crime is sufficient

    even without direct possession. It is further submitted that major

    properties of the Applicant already stand attached in earlier ECIRs,

    which clearly establish handling of proceeds of crime. A person cannot
    33

    claim benefit merely because the proceeds of crime have been layered

    and concealed.

    XVI.    ABSENCE      OF     ATTACHMENT        IRRELEVANT;           MONEY
    
    LAUNDERING PROVEN
    
    

    72. It has been submitted that mere absence of attachment in ECIR

    avails naught. The Supreme Court in Rohit Tandon v. Directorate of

    Enforcement (2018) 11 SCC 46 lucidly holds that money laundering

    entails concealment and indirect possession of proceeds of crime (para

    12)–prima facie established herein via 2025 statements revealing

    Applicant’s supervisory layering, rendering attachment ancillary.

    XVII. SHORT CUSTODY PERIOD – BAIL NOT WARRANTED

    73. Applicant’s prolonged incarceration plea is preposterous: She is

    in Custody since 16.12.2025 (~2 months) which falls woefully short of

    “inordinately long.” Manish Sisodia v. CBI (2023 SCC OnLine SC

    1393) mandates Article 21 wherein it is held that bail is only for

    extended periods (para 45). Recently, Udhav Singh v. Directorate of

    Enforcement (2025 SCC OnLine SC 357) deems even 7 months non-

    prolonged; Karnataka HC in G.T. Dinesh Kumar v. Director of

    Enforcement (2026) rejects 127 days; Calcutta HC in Kuldeep Rai

    Sharma v. ED (2026) discounts 200 days in PMLA and the plea stands

    to be rejected.

    XVIII. ECONOMIC OFFENCES DEMAND STRICT APPROACH

    74. The matter involves Rs.100+ crores laundering, this epitomizes

    economic offences warranting stricter scrutiny (Y.S. Jagan Mohan

    Reddy v. CBI, (2013) 7 SCC 439, para 44). State of Bihar v. Amit
    34

    Kumar (2017) 13 SCC 751 cautions against casual bail in socio-

    economic crimes; Nimmagadda Prasad v. CBI (2013) 7 SCC 466

    mandates weighing magnitude/societal harm; State of Gujarat v.

    Mohanlal Jitamalji Porwal (1987) 2 SCC 364 notes community-wide

    injury; P. Chidambaram v. ED (2019) 9 SCC 24 affirms gravity. In a

    latest judgment of Pradeep Nirankarnath Sharma v. ED (2025 INSC

    349) insists strict PMLA approach and has held that bail is

    impermissible.

    XIX. SECTION 50 STATEMENTS ESTABLISH PRIMA FACIE CASE

    75. It is contended that the twin Conditions are Unmet and

    Challenging Section 50 PMLA statements is futile. Vijay Madanlal

    Choudhary v. Union of India (2023) 12 SCC 1 affirms their

    admissibility (para 85); Tarun Kumar v. ED (2023 SCC OnLine SC

    1486) holds them sufficient for prima facie involvement at bail stage

    (para 25). Statements of K.K. Shrivastava, Nikhil Chandrakar,

    Laxminarayan Bansal irrefutably implicate Applicant in

    handling/layering proceeds. Twin conditions u/s 45(1) PMLA remain

    unsatisfied and bail statutorily barred.

    76. The prosecution’s edifice is unassailable at this stage

    cumulatively establishing the Applicant’s guilt a writ-large. The Direct

    involvement in layering proceeds, per Section 50 statements (K.K.

    Shrivastava; Nikhil Chandrakar; Laxminarayan Bansal); Money trail

    exceeding Rs.100 crores, traced via banking ledgers/digital

    forensics;Witness testimonies (2025 protected disclosures) unveiling

    concealment mechanics; Digital evidence (devices/emails)
    35

    corroborating policy-driven siphoning;Supervisory role as senior-most

    functionary orchestrating the racket.The Applicant catastrophically fails

    Section 45(1) PMLA twin conditions:

    77. Reasonable belief of guilt: Direct + digital + testimonial matrix

    satisfies Rohit Tandon (2018) 11 SCC 46 rigour; Non-reoffending

    likelihood: Influential stature, prior co-accused flight risks, and multi-

    agency probes imperil recovery/witness integrity (Vijay Madanlal

    Choudhary, 2023 12 SCC 1, para 160–mandatory, non-

    derogable).Compounding flight: Influential heft, key conspiratorial role,

    and offence’s gravity (socio-economic carnage) demand continued

    custody, per P. Chidambaram v. ED (2019) 9 SCC 24 and Udhav

    Singh v. ED (2025 SCC OnLine SC 357). Bail, if granted, would

    emasculate PMLA, rewarding economic predators. Thus, the prayer for

    rejection stands vindicated.

    XXIV. FURTHER INVESTIGATION IS VALID AND AUTHORIZED

    78. The Applicant has contended that the Directorate of Enforcement

    has conducted further investigation without obtaining permission of the

    Special Court.- The said contention is wholly erroneous. It is submitted

    that further investigation is permissible even after filing of prosecution

    complaint. The Supreme Court in Anil Tuteja v Union of India, 2025

    SCC OnLine SC 2110 has specifically directed the Directorate of

    Enforcement to File an additional prosecution complaint after

    completing further investigation. Subsequently, by order dated

    30.01.2026, the Supreme Court extended time for completion of

    investigation and clarified that any bail application shall be decided on
    36

    its own merits. Therefore the Applicant cannot challenge the legality of

    further investigation. It is submitted that investigation is still in progress

    and the money trail is being uncovered therfore, grant of bail at this

    stage will seriously prejudice investigation.

    XXV. SUPREME COURT ORDERS DO NOT SUPPORT THE

    APPLICANT

    79. The Applicant has attempted to rely upon orders passed by the

    Hon’ble Supreme Court in earlier proceedings. The said reliance is

    misplaced. The Supreme Court has specifically clarified that bail

    application shall be decided on its own merits. Therefore no inference

    in favour of the Applicant can be drawn. The Supreme Court never

    recorded any finding that the Applicant is not guilty, Evidence is weak,

    or Arrest is illegal therefore reliance on Supreme Court orders is wholly

    misconceived.

    XXVI. PARITY WITH CO-ACCUSED NOT APPLICABLE

    80. The Applicant has heavily relied upon the principle of parity. The

    said submission is legally untenable. The Supreme Court in Tarun

    Kumar v Directorate of Enforcement, 2023 SCC OnLine SC 1486

    (Para 17) held that “Parity is not the law and the role of each accused

    must be considered independently. Recently, the Supreme Court in

    Sagar v State of U.P., 2025 INSC 1370 (Para 14) has held that Parity

    cannot be the sole ground for grant of bail. It is submitted that the

    Applicant’s role is far more serious than other accused persons. The

    Applicant acted as Political coordinator, Supervisor of funds, Link

    between syndicate and political beneficiaries.

    XXVII. CO-ACCUSED BAIL GRANTS ON DISTINCT GROUNDS
    37

    81. It is submitted by the learned counsel for the ED that parity wholly

    inapplicable because parity is a mirage herein–each co-accused

    enlarged on radically different factual matrices, underscored by custody

    durations and peculiarities eclipsing applicant’s mere ~2 months

    incarceration.

    • Trilok Singh Dhillon : bail post 9 months custody. Anwar Dhebar:

    Bail post 9+ months custody.

    • Arun Pati Tripathi: Bail on lack of sanction + peculiar

    circumstances.

    • Anil Tuteja: Bail post ~1 year custody.Arvind Singh: Bail post 10

    months custody.

    • Chaitanya Baghel: Bail post 5½ months custody.

    • Kawasi Lakhma: Interim bail only post 1+ year custody.

    The Supreme Court mandates parity only upon identical

    roles/culpability (Ramesh Bhavan Rathod v. Vishanbhai Makwana,

    2021) 6 SCC 230; Sagar v. State of U.P., 2025 INSC 1370). Therefore

    Applicant’s supervisory mastermind role obliterates equivalence to

    parity may be rejected

    XXVIII. APPLICANT IS KEY CONSPIRATOR, WITNESS INFLUENCE

    RISK IMPERILS PROBE

    82. It is next submitted that the investigation unmasks the applicant

    as principal orchestrator who facilitated appointments of syndicate

    operatives; coordinated entire syndicate; handled cash movement

    exceeding Rs.100 crores; supervised accounts/layering and directed

    intermediaries.

    Unlike peripheral co-accused, he embodies Y.S. Jagan Mohan
    38

    Reddy v. CBI (2013) 7 SCC 439’s “key conspirator” archetype: “not to

    be lightly released” (para 44). Witness influence menace looms:

    Powerful political perch endangers drivers, middlemen, officials,

    syndicate members via intimidation/tampering/concealment (P.

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

    “possibility of influencing witnesses” fatal to bail, para 71). PMLA

    Section 45(1) twin conditions remain catastrophically unmet therefore

    custody continuance is non-negotiable.

    FINDINGS AND REASONS

    83. I have heard learned Senior Counsel for the Applicant and the

    learned counsel for the Directorate of Enforcement at considerable

    length. I have meticulously perused the record, including the

    prosecution complaint and accompanying documents. This bail

    application must be adjudicated against the stringent backdrop of

    Section 45, Prevention of Money Laundering Act, 2002 mandating

    satisfaction of its twin conditions, the investigation’s material corpus,

    and the rival contentions advanced.

    STATUTORY REQUIREMENTS UNDER SECTION 45 PMLA

    84. It is well settled that while considering bail under the PMLA, the

    Court is required to record satisfaction with regard to the twin conditions

    contained in Section 45 of the Act. The Supreme Court in Vijay

    Madanlal Choudhary vs Union of India, (2022) 10 SCC 386 has

    upheld the constitutional validity of Section 45 and has held that the

    twin conditions are mandatory. However, the said satisfaction is

    required to be prima facie satisfaction and not a finding of acquittal. The
    39

    Supreme Court in P. Chidambaram vs Directorate of Enforcement,

    (2019) 9 SCC 24 has held that while dealing with an application for bail

    under the PMLA, the Court is not required to conduct a mini trial and

    detailed appreciation of evidence is not warranted. Having considered

    the material placed on record in the light of the aforesaid principles, this

    Court proceeds to examine whether the Applicant has made out a case

    for grant of bail.

    NATURE OF ALLEGATIONS AND EVIDENCE

    85. The prosecution case against the Applicant primarily rests upon

    statements recorded under Section 50 of PMLA, Digital chats and

    statements of co-accused and witnesses Alleged diary entries. The

    Directorate of Enforcement has sought to demonstrate that the

    Applicant played a supervisory role in the alleged liquor syndicate and

    facilitated movement of proceeds of crime. However, at this stage, it is

    neither necessary nor permissible to undertake a detailed evaluation of

    the evidentiary value of the said material. The Supreme Court in

    Satender Kumar Jain vs Directorate of Enforcement (2024) 6 SCC

    715 has held that the material relied upon by the prosecution is required

    to be tested during trial and the Court at the stage of bail is only

    required to form a prima facie opinion.

    86. Upon prima facie consideration, this Court finds that the case

    against the Applicant is largely based on statements and inferential

    allegations, the evidentiary value whereof will be examined during trial.

    ARREST AFTER PROLONGED INVESTIGATION

    87. It is not in dispute that the ECIR was recorded in the year 2024
    40

    and the Applicant came to be arrested only on 16.12.2025 after

    prolonged investigation. The Applicant had appeared before the

    investigating agency on several occasions. The prosecution complaint

    has already been filed. The Supreme Court has consistently held that

    arrest after prolonged investigation and filing of prosecution complaint is

    a relevant factor for grant of bail.

    CUSTODY DURATION AND TRIAL TIMELINE

    88. The Applicant is in custody since 16.12.2025 (~2 months)

    scarcely qualifying as “prolonged.” The prosecution complaint lists

    voluminous witnesses, portending a protracted trial unlikely to conclude

    imminently. While Manish Sisodia v. CBI (2023 SCC OnLine SC

    1393) deems extended incarceration relevant alongside trial delays,

    Applicant’s brevity circumscribes its application. Similarly, P.

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

    guards against indefinite detention in economic offences, but only post

    material custody thresholds absent here amid PMLA’s Section 45 rigour

    and hence, bail remains unwarranted.

    PARITY WITH CO-ACCUSED

    89. This apart, several co-accused, including alleged principal

    conspirators, have been enlarged on bail, a fact not disputed by the

    prosecution. Parity, though not absolute, remains a salient

    consideration in bail adjudication [Ramesh Bhavan Rathod v.

    Vishanbhai Hirabhai Makwana, (2021) 6 SCC 230]. Critically, the

    Supreme Court, vide order dated 09.02.2026 in W.P.(Criminal)

    No.18/2026, directed that:

    ” 3. The High Court is requested to take up both the
    41

    matters on a priority basis and make an endeavor to
    decide the same at the earliest, but not later than
    two weeks. The High Court will also keep in mind
    the various orders passed by this Court granting bail
    to the petitioner and other co-accused.”

    90. The present Applicant is entitled to the benefit of parity, inasmuch

    as the alleged principal conspirators, namely Shri Dhebar, Shri Arun

    Pati Tripathi, Shri Anil Tuteja and Shri Trilok Singh, have already

    been enlarged on bail. The Supreme Court, vide order dated

    09.02.2026 (Diary No. 18/2026), has also directed consideration of the

    Applicant’s case on the touchstone of parity. The Supreme Court has

    already granted bail to the Applicant in the Coal Scam as well as in the

    DMF Scam, and therefore, continued detention in the present matter

    would be inconsistent with the settled principle of parity. Hence, the

    Applicant is entitled to be released on bail on the ground of parity with

    the co-accused.

    This binds the instant application. This Court cannot disregard: (i)

    majority of arrested co-accused on bail; (ii) principal conspirators

    similarly released; (iii) remaining accused unarrested. Continued

    detention of the Applicant would flout parity, warranting reconsideration.

    MULTIPLE ARRESTS AND CUMULATIVE CUSTODY

    91. The record discloses a troubling pattern: the Applicant faces six

    arrests across multiple cases by diverse agencies (ED/CBI), entailing

    considerable aggregate incarceration. Notably, the Supreme Court has

    repeatedly granted bail, confirmed vide order dated 28.01.2026

    upholding prior interim reliefs. This sequence of successive

    apprehensions prima facie resiling from earlier releases bespeaks
    42

    continued incarceration warranting scrutiny. The issue engaged the

    Apex Court’s attention, culminating in its directive dated 09.02.2026

    mandating bail consideration. Such circumstances, indicative of

    potential overreach, cannot be discountenanced in equity.

    INVESTIGATION SUBSTANTIALLY COMPLETE

    92. The prosecution complaint stands filed, marking investigation’s

    culmination. No custodial interrogation of the Applicant remains

    warranted, as probe materials (statements, trails) stand crystallized

    sans further yield. The Supreme Court in P. Chidambaram v.

    Directorate of Enforcement (2019) 9 SCC 24 emphatically holds:

    “once investigation is substantially complete, continued custody is

    rarely justified” (para 69)–a safeguard against indefinite pre-trial

    detention, particularly post-chargesheet where recovery/tampering risks

    abate (Natasha Delhi v. Directorate of Revenue Intelligence, 2020)

    17 SCC 184). The Applicant’s release aligns with this principle,

    trumping routine PMLA apprehensions.

    POSSIBILITY OF TAMPERING

    93. The apprehension of Directorate of Enforcement regarding

    evidence tampering remains entirely general and devoid of particulars.

    No specific material on record suggests the Applicant has attempted

    witness influence or tampering. Such nebulous concerns stand

    addressed through stringent bail conditions (non-contact, reporting,

    GPS), as routinely imposed sans custodial predicate. Article 21

    mandates liberty over speculative fears.

    94. Economic offences are undoubtedly serious, constituting a class

    apart warranting heightened judicial vigil [Y.S. Jagan Mohan Reddy v.
    43

    CBI, (2013) 7 SCC 439, para 44: “Economic offences stand on a

    different footing”]. Yet, this Court has consistently repudiated

    seriousness alone as bail-denial grounds: P. Chidambaram v.

    Directorate of Enforcement (2019) 9 SCC 24 (para 71): “Severity of

    offence cannot per se justify refusal”–balancing Article 21 liberty

    against societal harm. Satender Kumar Antil v. CBI (2022) 10 SCC 51

    (para 11): “Bail is rule, jail exception” endures, even in economic

    crimes; gravity yields to prima facie scrutiny. Manish Sisodia v. CBI

    (2023 SCC OnLine SC 1393): Prolonged detention impermissible

    absent twin conditions satisfaction u/s 45 PMLA.PMLA’s rigour tempers

    –but does not eclipse–bail jurisprudence. Material appraisal, not

    offence labelling, governs.

    SATISFACTION OF SECTION 45 PMLA TWIN CONDITIONS

    95. This Court has meticulously evaluated the bail application

    through the statutory prism of Section 45, Prevention of Money

    Laundering Act, 2002, weighing :

    1. Material on record: Prosecution complaint sans direct attribution;

    Applicant’s non-inclusion in Main Chargesheet (01.07.2024) + seven

    Supplements.

    2. The Role attributed: Supervisory capacity alleged, but unlinked to

    specific overt acts/money trails post exhaustive probe.

    3. Parity with co-accused: Parity with co-accused also weighs in

    favour of the Applicant, particularly when even the principal accused

    have been enlarged on bail and the Applicant has already been granted

    bail by the Supreme Court in other related matters.
    44

    4. Investigation status: Prosecution complaint filed; custodial

    interrogation concluded (P. Chidambaram v. ED, (2019) 9 SCC 24).

    5. Custody period: ~2 months since 16.12.2025, insufficient for

    Article 21 erosion (Manish Sisodia v. CBI, 2023 SCC OnLine SC

    1393).

    6. Supreme Court directions: Orders dated 28.01.2026 &

    09.02.2026 in Applicant’s own cases compel balanced adjudication.

    First Limb – “Reasonable grounds for believing the accused is not

    guilty”:The ED’s tampering fears are vague/generalized (no specific

    instances of Applicant influencing witnesses). This collapses against

    Completed investigation (prosecution complaint filed) and Parity matrix

    (principal co-accused already on bail). No direct PMLA complicity

    shown – mere supervisory role allegation insufficient at bail stage.

    Second Limb – “Not likely to commit any offence while on bail” : No

    flight risk evidence and there is no recidivism history. Conditions

    neutralize risks: daily reporting, witness non-contact, passport

    surrender, GPS if needed. Both statutory conditions are met for bail

    entitlement under Section 45 PMLA. ED proves no specific threat.

    Investigation is over and Co-accused have been freed. Both twin

    conditions stand prima facie satisfied. Prolonged detention lacks

    justification once the police investigation concludes (e.g., via charge

    sheet filing), as further custody serves no investigative purpose. The

    Courts must apply parity–equal treatment–where risks like tampering

    or absconding are adequately mitigated by bail conditions such as

    reporting, sureties, or travel bans, rather than indefinite incarceration.
    45

    96. Section 45(1) proviso of the PMLA provides as under:

    ” Provided that a person who is under the age of
    16 years or is a woman or is sick or infirm (or is
    accused either onhisown or along with other co-
    accused of money laundering as um of less than
    one crore rupees) may be released on bail, if the
    special court so directs:”

    In the instant case, the Applicant–a lady, bears a peripheral role

    dwarfed by principal conspirators conspicuously enlarged on bail by the

    Supreme Court. Notably, the respondent/ED has filed prosecution

    complaints against over 40 accused, including deeply complicit excise

    officials, sans arrest. Manifest parity thus enures in her favour.

    97. This Court cumulatively holding that Section 45 PMLA stands

    satisfied – the twin conditions are met, no reasonable grounds exist to

    believe the Applicant guilty of money laundering and No material

    indicates likelihood of reoffending while on bail.

    CONCLUSION

    98. Having given anxious consideration to the rival submissions

    advanced by learned counsel for the parties, the material placed on

    record, and the settled principles governing grant of bail under the

    provisions of the Prevention of Money Laundering Act, 2002, this Court

    is of the considered view that the Applicant has succeeded in making

    out a case for grant of bail at this stage. This Court has taken into

    consideration the nature of allegations and the material relied upon by

    the prosecution; the stage of investigation and filing of prosecution

    complaint;the period of custody undergone by the Applicant; the parity
    46

    with co-accused who have been enlarged on bail; the directions issued

    by the Hon’ble Supreme Court in the Applicant’s own case; and the fact

    that the presence of the Applicant during trial can be adequately

    secured by imposing suitable and stringent conditions.

    99. While the allegations pertain to economic offences of serious

    nature, it is equally well settled that gravity of accusation alone cannot

    be the sole ground to deny bail, particularly when the investigation is

    substantially complete and the trial is likely to take considerable time.

    Reference in this regard may be made to P. Chidambaram vs

    Directorate of Enforcement, (2019) 9 SCC 24 and Satender Kumar

    Antil vs CBI, (2022) 10 SCC 51.

    100. This Court is satisfied, at this stage, that the ends of justice would

    be adequately served by enlarging the Applicant on bail subject to

    stringent conditions so as to ensure her presence during trial and to

    obviate any possibility of misuse of liberty. Accordingly, the present bail

    application deserves to be and is hereby allowed.

    101. The Applicant shall be released on bail on such stringent terms

    and conditions as may be fixed by the learned Trial Court after hearing

    the Directorate of Enforcement, which shall, inter alia, include:

    a) The Applicant shall surrender her passport before the Trial Court, if

    not already surrendered, and shall not leave the country without prior

    permission of the Court. It is clarified that the observations made

    hereinabove are strictly confined to the adjudication of the present bail

    application and shall not be construed as an expression of opinion on
    47

    the merits of the case, which shall be considered independently by the

    Trial Court at the appropriate stage.

    b) The Applicant shall furnish an undertaking on oath before the Trial

    Court that she shall regularly and punctually appear before the Trial

    Court on each and every date of hearing and shall fully cooperate in the

    expeditious disposal of the trial.

    c) The Applicant shall not directly or indirectly attempt to contact,

    influence or intimidate any witness connected with the present case.

    d) The Applicant shall not tamper with the evidence in any manner

    whatsoever.

    102. In the event the Applicant is found to be non-cooperative with the

    proceedings of the Trial Court or commits breach of any of the

    conditions imposed, it shall be open to the Directorate of Enforcement

    to move an appropriate application for cancellation of bail in accordance

    with law.

    103. It is clarified that the observations made hereinabove are strictly

    confined to the adjudication of the present bail application and shall not

    be construed as an expression of opinion on the merits of the case,

    which shall be considered independently by the Trial Court at the

    appropriate stage. Investigation remains secure; Applicant’s liberty

    restored.

    Sd/-

    (Arvind Kumar Verma)
    Judge

    Digitally signed
    by SUGUNA
    DUBEY
    SUGUNA Date:

    DUBEY    2026.02.28
             17:37:05
             +0530
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here