SYED ROSHAN ZAMIR ALI

2026:CGHC:20780 Digitally signed by SYED NAFR ROSHAN ZAMIR ALI Date:

2 1 0 8 2 :4 6 6 .0 :3 5 5 .04 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 Order reserved on 01.05.2026 Order delivered on 04/05/2026 Order uploaded on 04/05/2026 MCRCA No. 480 of 2026

1. Anil Tuteja S/o Late H.L. Tuteja Aged About 62 Years R/o House No. 35/1396, Beside Farishta Nursing Home Katora Talab, Civil Lines, District- Raipur (C.G.)

... Applicant versus

1. State of Chhattisgarh Through S.H.O. P.S- Eow/acb, District- Raipur C.G.

... Non-applicant For Applicant : Mr. Arshdeep Khurana, Mr. Chetan Nagpal, Mr. Ankush Borker and Mr. Shashank Mishra, Advocates For Non-applicant : Mr. Praveen Das, Additional Advocate General SB: Hon’ble Mr. Parth Prateem Sahu, Judge

CAV Order

1. This first bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is filed on behalf of applicant, who is apprehending his arrest in connection with Crime No.36/2024 registered at State Economic Offences Investigation and Anti-Corruption Bureau, Raipur for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and Sections

420 and 120B of the Indian Penal Code, 1860.

2. Case of the prosecution, in brief, is that complainant Vikas Singh resident of Aargora, District Ranchi (Jharkhand) lodged a written complaint to the effect that present applicant and co-accused persons named therein formed a syndicate, they conspired a criminal conspiracy to carry out illegal liquor business in State of Jharkhand on the lines of Chhattisgarh excise model and a meeting in this regard with the excise authorities of the State of Jharkhand was held in the city of Raipur in the year 2022. In the said meeting, the excise officers of State of Jharkhand were taken into confidence and thereafter, in execution of such criminal conspiracy, firstly co-accused Arunpati Tripathi, Chairman-cum-Managing Director of Chhattisgarh State Marketing Corporation Limited was appointed as Consultant to draft new excise policy; he prepared draft of excise policy, submitted before the Government of Jharkhand and based on which, new excise guidelines has been notified. Thereafter, in connivance with excise officials of State of Jharkhand, the accused persons got incorporated in the excise tenders eligibility criteria favourable to the agencies of the syndicate and accordingly, syndicate-linked liquor supply and placement agencies were awarded contracts. Procurement rates for country liquor were got increased and sale of unaccounted country liquor through duplicate holograms in the State of Jharkhand was also done by the syndicate-linked agencies. Thus, applicant and other co-accused persons have played a key role in modifying the terms of the liquor policy in the State of Jharkhand in a manner which would benefit the syndicate-linked members and thereby they have earned huge commission which runs in to crores of rupees. Based on the aforesaid allegations, FIR against the applicant and co-accused persons is lodged under the aforementioned Sections.

3. Learned counsel appearing on behalf of the applicant would submit that applicant is retired IAS Officer and during his service tenure, he held different positions in the State Government of Chhattisgarh. Applicant is innocent and has been falsely implicated in crime in question. He submits that this is a case of clear abuse of criminal process where the applicant is being subjected to what is effectively an “evergreen arrest”. Every time the applicant becomes entitled to bail, a fresh FIR or proceeding is brought in to ensure that he never actually secures his liberty.

4. He submits that from the allegations levelled in FIR, it is appearing that alleged excise scam is stated to have been committed within the territorial jurisdiction of State of Jharkhand, however, FIR is not lodged by the competent authority or the Government of Jharkhand in whose jurisdiction the alleged excise scam stated to have been committed.