Raipur/ Bilaspur, Jan 3 (PTI) The Chhattisgarh High Court in Bilaspur on Friday granted bail to Chaitanya Baghel, son of former chief minister and senior Congress leader Bhupesh Baghel, in two cases linked to the alleged liquor scam in the state.
The single bench of Justice Arvind Kumar Verma allowed Chaitanya’s bail pleas in a case lodged by the Enforcement Directorate (ED) and another by the Chhattisgarh Anti-Corruption Bureau (ACB)/Economic Offences Wing (EOW), ED counsel Saurabh Kumar Pande told PTI.
The HC had reserved its order on December 12 after hearing arguments in the matter.
In its order on the bail application in the ED’s case, the High Court noted that the applicant’s alleged role was “significantly lesser” than that of several senior accused who have already been granted bail.
It said the alleged kingpins and principal beneficiaries Anwar Dhebar, Anil Tuteja, Arvind Singh, Arunpati Tripathi and Trilok Singh Dhillon have already been enlarged on bail by the Supreme Court, and denying bail to the applicant would violate the well-established principle of parity.
The HC observed that the investigation was largely documentary in nature and that Chaitanya had remained in custody for a considerable period. It said the evidentiary value of material collected by ED, including statements under Section 50 of Prevention of Money Laundering Act (PMLA) and financial and digital records, would be tested during trial and not conclusively assessed at the bail stage.
The argument of the ED that the applicant wields political influence, though noted, cannot be accepted as a standalone ground to deny bail in the absence of specific material demonstrating actual attempts at witness intimidation or obstruction of justice, it said.
“Severity of allegations cannot, by itself, become a justification for perpetual incarceration, particularly when the adjudicatory process is bound to take years,” the court said.
“The material relied upon by the ED does not disclose any document, official communication, financial instrument, bank account, or property standing in the name of the applicant which would, by itself, demonstrate direct involvement in the generation of proceeds of crime.,” it said.
The allegations, as they stand, are premised primarily on statements recorded under Section 50 of the PMLA and broad assertions regarding influence and proximity, rather than concrete acts of commission, the HC said.
“While it is alleged that the applicant stood “at the apex” of the syndicate, no contemporaneous documentary evidence has been placed on record to establish that the applicant exercised control over procurement decisions, fixation of commission rates, award of tenders, movement of liquor, or handling of cash collections,” the order stated.
“On a cumulative consideration of the facts and circumstances, this Court is of the considered opinion that the applicant has made out a case for grant of bail,” the order said.
In a separate order granting bail in the ACB/EOW case, the HC termed it “grave violation of law” that the investigating officer failed to arrest Lakshmi Narayan Bansal (an accused in the case) despite a permanent/open-ended warrant issued by the Special Court.
The IO merely recorded the statement of Bansal without effecting his arrest and let him escape, the court said, adding such actions constitute a grave violation of law.
The court directed the Director General of Police to look into the matter and issue appropriate directions to prevent recurrence of such violations.
The HC clarified that its observations were confined strictly to the adjudication of the bail applications and should not be construed as an opinion on the merits of the case.
While granting bail, the court imposed conditions including surrender of passport, filing an affidavit undertaking regular appearance before the trial court and cooperation for early disposal of the case. It also said bail could be cancelled in case of non-cooperation or violation of conditions.
Counsel for Chaitanya Baghel submitted in the High Court that his arrest was mechanical, unjustified and constitutionally infirm, alleging that powers under Section 19 of PMLA were exercised in gross violation of statutory safeguards.
The counsel said ED’s case was largely based on coerced, uncorroborated and inconsistent statements of Lakshmi Narayan Bansal, recorded even after issuance of open-ended warrants.
The ED arrested Chaitanya Baghel on July 18 last year in connection with its money laundering probe in the alleged scam, while the ACB/EOW placed him under arrest while he was in jail, on September 24 in its case linked to the corruption probe.
The liquor “scam” in the state, according to the ED, was orchestrated between 2019 and 2022 when Chhattisgarh was governed by the Bhupesh Baghel-led Congress government. The alleged scam resulted in a “massive loss” to the state exchequer and filled the pockets of the beneficiaries of a liquor syndicate, it said.
As per the ED, Chaitanya Baghel was at the helm of the syndicate behind the alleged liquor scam and personally handled nearly Rs 1,000 crore generated from the scandal. The ACB/EOW has claimed Chaitanya Baghel, along with managing the proceeds of crime at a higher level, received around Rs 200-250 crore as his share.
The proceeds of crime linked to the scam could exceed Rs 3,500 crore, the state agency had claimed. PTI COR TKP RSY NP BNM
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