Chhattisgarh: HC grants anticipatory bail to retired IAS officer in inter-state liquor policy scam

Bilaspur (Chhattisgarh) [India], May 4 : The Chhattisgarh High Court has granted anticipatory bail to retired IAS officer Anil Tuteja in connection with an alleged inter-state liquor policy scam, observing key gaps in the prosecution's case and the circumstances surrounding the investigation.

The case arises out of an FIR registered by the State Economic Offences Investigation and Anti-Corruption Bureau, Raipur, alleging offences under the Prevention of Corruption Act and provisions of the Indian Penal Code.

The prosecution alleged that Tuteja, along with other accused, was part of a syndicate that conspired to manipulate the excise policy of Jharkhand to favour certain liquor businesses, causing significant loss to the state exchequer.

Appearing for Tuteja, Advocate Arshdeep Khurana, along with other lawyers argued that the retired IAS officer had been falsely implicated and was being subjected to repeated prosecutions to prevent him from securing liberty, describing the pattern as an "evergreen arrest" strategy.

According to the allegations, meetings were held in Raipur where the framework for a new excise policy in Jharkhand was discussed and allegedly tailored to benefit select entities. It was further claimed that contracts were awarded to syndicate-linked agencies and illegal gains were generated through the manipulation of procurement rates and the sale of unaccounted liquor.

The defence emphasised the absence of any direct or electronic evidence linking Tuteja to the alleged conspiracy. It was submitted that there were no call records, emails, financial transactions, or other digital footprints establishing his involvement. Even a diary recovered during the investigation did not mention his name.

It was further argued that despite the FIR being registered in September 2024, the investigating agency had neither interrogated Tuteja nor sought his custody in connection with the case for over one and a half years.

The defence highlighted that multiple searches conducted over the years did not yield any unaccounted assets. Additionally, in parallel proceedings in Jharkhand concerning the same alleged scam, Tuteja has neither been named as an accused nor summoned for questioning.

Opposing the bail plea, the State contended that Tuteja was a key conspirator and mastermind behind a large-scale excise scam involving significant financial irregularities. It argued that economic offences are serious in nature and that the applicant's release could hamper the ongoing investigation, including the possibility of influencing witnesses or tampering with evidence.

After considering the submissions and the material on record, the high Court noted that the alleged offence primarily pertains to the State of Jharkhand, where a separate FIR has already been registered and where the applicant has not been made an accused. The HC also took into account the fact that the investigating agency had not taken steps to interrogate or arrest the applicant in the present case despite the passage of considerable time.

Taking these factors into consideration, the HC found it appropriate to grant anticipatory bail. It directed that in the event of arrest, Tuteja shall be released on bail upon furnishing a personal bond of ₹50,000 with sureties, subject to conditions including cooperation with the investigation, non-interference with witnesses, and regular appearance before the trial court.

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