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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Sunil Dutt S/o Shri Gurudayal Singh – Appellant
Versus
State of chhattisgarh through dsp, eow/ACB Raipur, Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
This is a bail application U/S.483 of BNSS, 2023 filed by the applicant for grant of bail in connection with Crime No. 04/2024 for commission of offences punishable under Sections 7 & 12 of the Prevention of Corruption Act and Sections 420,467,468,471,120-B and 34 IPC. The present bail application has been preferred by the applicant being aggrieved by the order dated 19.11.2024 passed by the Sessions Court, Raipur.
FACTS OF THE CASE
2. The applicant has been arrested by the police of Anti Corruption Bureau/Economic Offences Wing for the alleged offences under Sections 7 & 12 of the Prevention of Corruption Act, 1988 and 420, 467,468,471,120-B and 34 of the IPC. Prosecution case, in brief is that on receiving a letter by the Deputy Director bearing NO.ECIR/RPZO/11/2022/279 dated 11.07.2023 from the Enforcement Directorate, complaint has been registered by the respondent against various persons. It is alleged that Arunpati Tripathi, Arvind Singh, Anwar Dhebar, Trilok Singh Dhillon and several others have taken commission from the distillery owners of country liquor namely M/s. CG Distillery Limited, M/s. Bhatia Wines Merchant Pvt. Ltd. And Welcome Distill
The court held that mere employment and routine tasks do not establish criminal intent or conspiracy, emphasizing the necessity of clear evidence for such charges.
The court emphasized that bail is the exception, not the rule, particularly in serious economic offences, where the risk of tampering with evidence and flight is significant.
The court emphasized that bail is not a right in cases involving serious economic offences, particularly where substantial evidence of corruption exists.
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
Bail is the rule and jail is the exception; economic offences necessitate careful consideration due to their serious implications on public interest and the economy.
The court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
The court established that anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving serious allegations of corruption, and that the principle of ....
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