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2026 Supreme(Online)(Chh) 5574

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J
Jaychand Koshale – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 8750 of 2025



Advocates:
For the Appellants/Petitioners: Harshwardhan Parganiha
For the Respondents: Sourbh Kumar Pande

In cases of serious economic offences involving the siphoning of substantial public funds through criminal conspiracies, the court's approach to bail must be stringent, prioritizing the nature and gravity of the accusations over claims based on parity or delayed trial.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code, 1860 - Sections 420, 120-B, 384 - Prevention of Corruption Act, 1988 - Sections 7, 7-A, 12 - Regular bail - Economic offence - Prima facie involvement of applicant in coal levy extortion racket - Applicant acted as cash carrier and courier for sensitive files - Bail rejected.

(B) Bail - Economic offence - Gravity and seriousness of offence - Economic offences require a different approach to bail - Public money involved - Bail should not be granted when prima facie case exists. (Paras 22, 23)

(C) Parity - Grant of bail - Mere release of other co-accused on bail after long custody does not automatically grant parity to one recently arrested. (Para 24)

Facts of the case:
The applicant was a ministerial staffer working under senior officials allegedly involved in a coal extortion syndicate. Prosecution alleged he acted as a trust-operative, transporting illegal levy collected from coal transporters and facilitating sensitive communication for the syndicate. He challenged his arrest as illegal, citing lack of direct evidence and praying for bail on grounds of parity.

Findings of Court:
Court observed that the applicant's role in the extortion network was evidenced by seized diaries and WhatsApp chats. Denying bail, the court held that economic offences of this nature, involve large-scale misappropriation of public funds, warranting a stricter approach. The plea of parity was rejected noting significant differences in the period of incarceration compared to co-accused.

Issues: Whether the applicant is entitled to regular bail given the evidence of his role as an conduit in an economic offense.

Ratio Decidendi: In economic offences involving the systemic siphoning of public money, the court must balance individual liberty against the gravity of the accusation and the prima facie evidence of involvement.

Result: Bail application rejected.

Table of Content
1. overview of charges and the prosecution case regarding a coal extortion syndicate. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. arguments for bail focusing on lack of evidence and parity with other accused. (Para 10 , 11 , 12 , 13 , 14 , 15)
3. state's opposition highlighting the gravity of economic crimes and custodial necessity. (Para 16 , 17 , 18 , 19)
4. court evaluates the gravity of economic crimes against individual bail claims and identifies prima facie involvement. (Para 20 , 21 , 22 , 23 , 24)
5. formal rejection of the bail application with non-prejudicial observation for trial. (Para 25 , 26)

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 21-09-2025 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 and 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 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, 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 Chaurasiya, 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 and 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 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 Chief Minister Office, 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

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