2025 Supreme(Online)(CHH) 1620
2025:CGHC:8830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8077 of 2024 Reserved on : 29.01.2025 Delivered on : 20.02.2025 Nikhil Chandrakar S/o Shri Laxman Prasad Chandrakar, Aged About 42 Years, R/o F-15, Sector-2, Avanti Vihar Telibanda, Raipur, District- Raipur, Chhattisgarh. ... Applicant versus Anti Corruption Bureau / Economic Offence Wing, Raipur District- Raipur, Chhattisgarh.
--- Respondent For Applicant : Mr. Gagan Tiwari, Advocate.
For Respondent : Dr. Sourbh Kumar Pande, Dy. Advocate General.
Hon'ble Shri Justice Narendra Kumar Vyas
CAV ORDER
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 11.06.2024 in connection with Crime No. 03/2024 registered at Police Station- Anti Corruption Bureau/ Economic Offence Wing Chhattisgarh, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 420, 120-B, 384 of IPC and Sections 7, 7-A, 12 of the Prevention of Corruption Act, 1988.
2. The case of the prosecution, in brief, is that on 11.01.2024, one Mr.
Sandeep Ahuja, Deputy Director, Directorate of Enforcement, Raipur through Mr. Farhan Qureshi, Deputy Superintendent of Police lodged a Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date:
2025.02.20 +0530 complaint before the Director General of Police Anti Corruption Bureau & Economic Offences Wing, Chhattisgarh pertaining to predicate offence discovered during money laundering in investigation File No. ECIR/RPZO/09/2022 was done under Section 66(2) of the Prevention of Money Laundering Act, 2002 (for short “the PMLA”). Thereafter, an offence bearing FIR No. 03/2024 has been registered on 17.01.2024 at Police Station ACB/EOW Raipur (C.G.) against 35 accused persons namely Smt. Saumya Chaurasiya, Sameer Bisnoi, Smt. Ranu Sahu, Sandeep Kumar Nayak, Shivshankar Nag, Suryakant Tiwari, Manish Upadhyay, Roshan Kumar Singh, Nikhil Chandrakar, Rahul Singh, Parekh Kurre, Moinuddin Qureshi, Virendra Jaiswal, Rajnikant Tiwari, Hemant Jaiswal, Joginder Singh, Nawneet Tiwari, Deepesh Taunk, Devendra Dadsena, Rahul Mishra, Ramgopal Agrawal, Devendra Singh Yadav, Shishupal Sori, Rampratap Singh, Vinod Tiwari, Amarjeet Bhagat, Chandradeo Prasad Rai, Brashpat Singh, Idrish Gandhi, Gulab Kamro, Shri U.D. Minj, Sunil Kumar Agrawal, Jai (friend of the applicant), Chandraparakash Jaiswal, Laxmikant Tiwari & others.
3. Further case of the prosecution is that a syndicate comprised of private individuals and other State Government functionaries like Smt. Saumya Chaurasia, Director, Geology & Mining Department and with the backing of some political executives, they managed to make deliberate policy changes. As part of the well-planned conspiracy, the applicant with the active support of the politicians & some of the senior State Government functionaries, managed to influence the then Director of Geology & Mining, and got issued a Government Order dated 15.07.2020 which became the fountain head of this extortion system by converting the online system of issuance of Transport Permits into a manual system. They started a network of extortion to collect Rs. 25 per on every ton of coal transported in the State of Chhattisgarh. The investigation conducted by the Enforcement Directorate revealed that other senior bureaucrats viz., Smt. Saumya Chaurasia and Smt. Ranu Sahu, IAS were also involved in this conspiracy and were providing assistance to the applicant in running the extortion racket. Smt. Soumya Chourasiya while working as Deputy Secretary in the office of Chief Minister, had assisted the applicant and his associates in collecting the extortion money by posting pliable officers of mining department in the coal mining areas. Smt. Ranu Sahu IAS, who worked as District Collector in coal rich Districts viz., Korba & Raigarh, had close association with the applicant and helped his associates in collecting extortion money from the coal transporters and other businessmen.
4. It is also case of the prosecution that by this system of extortion, a huge amount of cash started accumulating with the syndicate and with this money, the applicant has purchased benami assets and a huge amount of money was transferred to the applicant, spent on political funding and transferred as per the instructions of higher powers. The Enforcement Directorate investigation further established that Smt. Ranu Sahu had aided and abetted the applicant in collection of illegal levy amounts from the coal transporters. Smt. Ranu Sa