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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Arvind Kumar Verma, J
ANURAG DWIVEDI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
What is the standard for granting bail in cases involving grave economic offences? What is the constitutional requirement to inform an arrestee of grounds of arrest and how must it be provided? What factors should courts consider when deciding bail in non-bailable economic offence cases?
Key Points: - The judgment emphasizes that economic offences are grave and require a stringent bail approach, with bail being the rule and jail the exception, considering gravity and other factors (!) (!) (!) . - It reiterates the right to be informed of the grounds of arrest in writing (Articles 22(1) and Section 19 of the Act of 2002) as essential for effective bail and defense, and that written grounds must be furnished, not merely read aloud (!) (!) (!) (!) . - It lists core bail considerations in non-bailable offences, including prima facie case, gravity of charge, potential punishment, risk of absconding, tampering with witnesses, and larger public interest, with guidance from precedents like Amarmani Tripathi and P. Chidambaram (!) (!) (!) (!) (!) (!) (!) .
C A V Order
The present application under section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is being filed by the applicant seeking grant of regular bail in connection with Crime No. 04/2024 registered at Police Station Anti Corruption Bureau, District Raipur for the ofences punishable under Sections 420,467,468,471,120-B of IPC and Sections 7 & 12 of the Prevention of Corruption Act.
2. Facts of the case in brief is that vide letter dated 11.07.2023, the Directorate of Enforcement has made a disclosure under Section 66 of the PMLA 2002 of ECIR/11/2022 with regard to registration of FIR. On the basis of the said information received under Section 66 of the PMLA 2002, the investigation agency registered FIR for the offence punishable under Sections 420,467,468,471,120-B of IPC and Sections 7 & 12 of the Prevention of Corruption Act was registered against the applicant on 17.01.2024. After registration of the said FIR some arrests were made. In the present FIR, the allegation against the present applicant is that by using duplicate holograms there was sale of unaccounted liquor in which he was involved and this caused revenue loss to the State of Chhattisgarh. Now the case agai
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