Bilaspur, Feb 28 (PTI) The Chhattisgarh High Court on Saturday granted bail to Saumya Chaurasia, a former deputy secretary in the Chief Minister's Office (CMO) in the previous Congress government, in two cases registered by Enforcement Directorate (ED) and the state Economic Offences Wing (EOW) related to the alleged liquor scam.

While the EOW is investigating the criminal aspect of the liquor scam after registering an FIR on January 17 in 2024, the ED is looking into the money laundering aspect after registering an ECIR on April 11 the same year.

After hearing both the bail applications, Justice Arvind Kumar Verma had reserved the order on February 24.

The alleged liquor scam, as per ED, took place in Chhattisgarh between 2019 to 2023 during Congress government of Bhupesh Baghel. The case pertains to allegations that a criminal syndicate, in connivance with state's political and administrative hierarchy, bootlegged alcohol to government liquor shops and extorted illegal commissions from sales. The ED has claimed it cost the state exchequer Rs 2,883 crore.

The EOW's counsel and Additional Advocate General Praveen Das objected to the bail application claiming that Chaurasia, as a deputy secretary in the CMO, "commanded exceptional influence and authority, wielding the same to orchestrate and facilitate the nefarious operations of the syndicate implicated in this colossal liquor scam".

He told court the investigation has unerringly uncovered her active and conscious participation in the criminal conspiracy, placing her at the nerve centre of the syndicate's operations. Incriminating digital evidence was unearthed, Das added.

However, Chaurasia's lawyer Siddhartha Dave put forth 20 set of arguments, including that the arrest of the applicant was unnecessary, absence of incriminating material and that she was not named in the FIR or chargesheets.

The order granting Chaurasia bail in the EOW case stated that "these circumstances unmistakably indicate that the trial is unlikely to commence and conclude in the near future and is bound to consume considerable time before reaching its logical conclusion".

The order also said that the continued incarceration of the applicant pending completion of investigation would not serve the ends of justice.

While objecting to the bail plea in the ED case, the central probe agency claimed Chaurasia received approximately Rs 43.50 crore from proceeds of the liquor scam, adding that she handled, assisted, acquired and possessed proceeds of crime to the extent of approximately Rs 115.5 crore.

However, her counsel Siddhartha Dave put forth 26 set of arguments seeking bail in the ED case, including that the is a woman, probe is complete and no proceeds of crime were recovered.

Dave also told court the entire ED case was based on statements of co-accused, arrests were selective and that too after years of investigation. Prolonged trial justifies bail, he said.

ED counsel Zohaib Hossain said Chaurasia played a key and supervisory role in money laundering.

He said WhatsApp chats are valid evidence and that there is no requirement of recovery from accused.

Hossain said the gravity of offence was extremely high, adding that delay in trial is no ground for bail. Arrest after two years is justified, he said.

After listening to both parties, judge Verma granted bail stating the investigation was substantially completed.

The order said the case against the applicant is largely based on statements and inferential allegations, the evidentiary value of which will be examined during trial.

It cited Supreme Court orders to state that the applicant is entitled to benefit of parity, as the alleged principal conspirators have already been enlarged on bail.

The Supreme Court, in its order of February 9 this year, has also directed consideration of the applicant's case on the touchstone of parity, the order said.

The Supreme Court has already granted bail to the applicant in the coal scam as well as in the DMF scam, and therefore, continued detention in the present matter would be inconsistent with the settled principle of parity, the order said.

The court also noted a "troubling pattern" against Chaurasia, stating that she "faces six arrests across multiple cases by diverse agencies (ED/CBI), entailing considerable aggregate incarcerations".

She was first arrested in alleged coal levy scam in 2022. PTI COR TKP BNM

Bail parity principle applied where investigational delay and statement based evidence affect custodial necessity in money laundering cases. High Court review of bail in concurrent EOW criminal and ED money laundering investigations centred on investigational stage, evidentiary weight of digital material and co accused statements, and parity with released principal accused. The court noted protracted investigation timelines, contested allegations about supervisory involvement and receipt of alleged proceeds, and held that inferential and statement based evidence must be evaluated at trial, making the stage of probe and likelihood of prolonged proceedings relevant to custodial decisions.