The Supreme Court has postponed for a week the hearing on the Chhattisgarh government’s challenge to the bail granted to Chaitanya Baghel in the alleged liquor scam. The court also directed Saumya Chaurasia, former deputy secretary to ex-CM Bhupesh Baghel, to approach the high court for bail in newly filed FIRs by ED and EOW.
On Monday, the Supreme Court adjourned for a week the hearing of the Chhattisgarh government’s appeal challenging the bail granted to Chaitanya Baghel, son of former chief minister and senior Congress leader Bhupesh Baghel, in connection with the alleged liquor scam cases in the state.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria was informed by senior advocate Mahesh Jethmalani, appearing for the state government, that one of the key witnesses had withdrawn from cooperation following the grant of bail to Chaitanya Baghel.
The Enforcement Directorate (ED) has also filed a separate petition against the high court’s order granting bail to Chaitanya in a related money laundering case.
The bench also dealt with a fresh plea filed by Saumya Chaurasia, former deputy secretary to ex-CM Bhupesh Baghel, who was arrested by the ED in December in another liquor scam-related case.
Senior advocate Mukul Rohatgi, appearing for Chaurasia, argued that she had already been granted bail in earlier cases, but the authorities had continued to arrest her in fresh FIRs. “This is the sixth time she has been arrested,” he submitted.
The court declined to entertain her plea directly and advised her to approach the Chhattisgarh High Court within a week. The High Court, the bench said, may hear her bail plea on priority and dispose it of within two weeks.
The top court was also informed that Chaurasia was arrested by the state Economic Offences Wing (EOW) on January 2 in a separate case. She may also move the high court for bail in that case, the court added.
Chaurasia had earlier secured bail from the Supreme Court in the coal levy scam, but was re-arrested in connection with the liquor scam.
On January 2, the Chhattisgarh High Court’s single bench of Justice Arvind Kumar Verma granted bail to Chaitanya Baghel in two cases—one filed by the ED and the other by the Chhattisgarh Anti-Corruption Bureau (ACB)/EOW.
In the ED matter, the high court noted that Chaitanya’s alleged role appeared “significantly lesser” than other senior accused who had already been granted bail by the Supreme Court, including Anwar Dhebar, Anil Tuteja, Arvind Singh, Arunpati Tripathi and Trilok Singh Dhillon. It held that denying bail to Chaitanya would go against the principle of parity.
The court also observed that the investigation was largely based on documents, and that Chaitanya had already remained in custody for a considerable period. It said, “The evidentiary value of the material, including Section 50 PMLA statements and digital records, will be tested at trial.”
In the separate order in the ACB/EOW case, the high court criticized the investigating officer for failing to arrest co-accused Lakshmi Narayan Bansal despite an open-ended warrant issued by the special court, terming it a “grave violation of law”.
Chaitanya Baghel was first arrested by the ED on July 18, 2023, and subsequently by the ACB/EOW on September 24 while still in judicial custody.
The matter is expected to be taken up by the apex court next week for further hearing.
