Bilaspur: The Chhattisgarh High Court has granted bail to Saumya Chaurasia, a former deputy secretary in the Chief Minister’s Office (CMO) in the previous Congress government, in two cases about an alleged liquor scam.
While the state Economic Offences Wing (EOW) is investigating the criminal aspect of the liquor scam and registered an FIR on January 17, 2024, the Enforcement Directorate (ED) is looking into money laundering after lodging an ECIR on April 11, 2024.
After hearing both the bail applications, Justice Arvind Kumar Verma had reserved the order on February 24.
The HC granted bail to Chaurasia on Saturday in the cases registered by the ED and EOW.
The alleged liquor scam, as per ED, took place in Chhattisgarh between 2019 and 2023 during the Congress government of Bhupesh Baghel.
The case pertains to allegations that a criminal syndicate, in connivance with the state’s political and administrative hierarchy, bootlegged alcohol to government liquor shops and extorted illegal commissions from sales. The ED has claimed it cost the state exchequer Rs 2,883 crore.
The EOW’s counsel and Additional Advocate General Praveen Das objected to the bail application, claiming that Chaurasia, as a deputy secretary in the CMO, “commanded exceptional influence and authority, wielding the same to orchestrate and facilitate the nefarious operations of the syndicate implicated in this colossal liquor scam”.
The investigation has unerringly uncovered her active and conscious participation in the criminal conspiracy, placing her at the nerve centre of the syndicate’s operations, Das said, while pointing out that incriminating digital evidence was unearthed.
Chaurasia’s lawyer Siddhartha Dave, however, put forth 20 sets of arguments, including that the applicant’s arrest was unnecessary, the absence of incriminating material and that she was not named in the FIR or chargesheets.
The order granting Chaurasia bail in the EOW case stated that “these circumstances unmistakably indicate that the trial is unlikely to commence and conclude in the near future and is bound to consume considerable time before reaching its logical conclusion”.
Continued incarceration of the applicant pending completion of the investigation would not serve the ends of justice, it said.
While objecting to the bail plea in the ED case, the central probe agency claimed Chaurasia received approximately Rs 43.50 crore from proceeds of the liquor scam, alleging that she handled, assisted, acquired and possessed proceeds of crime to the extent of approximately Rs 115.5 crore.
Her counsel put forth 26 sets of arguments seeking bail in the ED case, including that she is a woman, the probe is complete and no proceeds of crime were recovered.
Dave also told the court the entire ED case was based on statements of co-accused, arrests were selective and that too after years of investigation. He contended that a prolonged trial justifies bail.
ED counsel Zohaib Hossain, however, alleged that Chaurasia played a key and supervisory role in money laundering. He said WhatsApp chats are valid evidence and that there is no requirement for recovery from the accused.
The gravity of the offence was extremely high, he said, adding the delay in trial is no ground for bail and the arrest after two years is justified.
After listening to both parties, Justice Verma granted bail, stating the investigation was substantially completed.
The case against the applicant is largely based on statements and inferential allegations, the evidentiary value of which will be examined during trial, the court said.
It cited Supreme Court orders to state that the applicant is entitled to the benefit of parity, as the alleged principal conspirators have already been enlarged on bail.
The Supreme Court, in its order of February 9 this year, also directed consideration of the applicant’s case on the touchstone of parity, the order said.
The SC 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, the order said.
The court also noted a “troubling pattern” against Chaurasia, stating that she “faces six arrests across multiple cases by diverse agencies (ED/CBI), entailing considerable aggregate incarcerations”.
She was first arrested in the alleged coal levy scam in 2022.
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