CG High Court denies SaumyaChaurasia bail for 3rd time

29 Aug 2024 12:32:14

Saumya
 
ILLEGAL COAL LEVY SCAM
 
The Hitavada State Bureau
 
RAIPUR/BILASPUR,  
 
THE Chhattisgarh High Court has once again denied bail to Saumya Chaurasia, a former Deputy Secretary to the ex-Chief Minister Bhupesh Baghel, who has been in judicial custody for the past 20-month in connection with the infamous coal levy scam. This marks the third instance of her bail application being rejected, with the court finding no compelling reason to grant her release. The bail plea was heard by Justice Narendra Kumar Vyas, who meticulously reviewed the case details before delivering the verdict. “Chaurasia’s legal team, led by Senior Advocate Siddharth Dave, argued that she should be granted bail on the grounds of parity, referencing the recent bail granted to suspended IAS officers Ranu Sahu and Sunil Agarwal by the Supreme Court. Additionally, they highlighted that Chaurasia is the mother of two young children (3-year-old twins) and has already spent a significant amount of time in custody, with the trial expected to be protracted.
 
However, the court was not persuaded by these arguments. Justice Vyas noted that the Supreme Court had previously dismissed Chaurasia’s appeal for bail, underscoring that there was substantial evidence linking her to the coal levy scam, where she allegedly played a pivotal role alongside key accused Suryakant Tiwari,” sources in legal fraternity averred to The Hitavada, while referring to the 25-pages verdict. According to the sources, the court observed that Chaurasia, using her position as Deputy Secretary and Officer on Special Duty (OSD) in the Chief Minister’s Office, had a close and financial association with Tiwari, who was identified as the mastermind behind the illegal levy collection. Also, the Enforcement Directorate (ED), represented by Advocate Dr. Saurabh Kumar Pande, presented detailed findings that implicated Chaurasia in the money laundering activities under the Prevention of Money Laundering Act (PMLA), 2002.
 
“The prosecution argued that Chaurasia was deeply involved in the syndicate that extorted illegal levies on coal and iron pellet transportation, generating over Rs 500 crores in illicit gains. The ED counsel asserted that Chaurasia had misused her powerful position to shield herself from the consequences of these illegal activities by employing Tiwari as an intermediary to convey instructions to district-level officers,” the sources elucidated. Moreover, the court also considered the prosecution’s argument that the 20-month incarceration period could not be deemed excessive, especially in light of the gravity of the offence, which involves economic crimes amounting to approximately R 540 crores. The prosecution emphasized that economic offences constitute a distinct category, requiring stringent scrutiny, and that bail should not be easily granted in such cases.
 
Despite Chaurasia’s legal team arguing that her role was passive and that she had cooperated fully with the investigation, the court found that the conditions for bail under Section 45 of the PMLA had not been met. Justice Vyas noted that Chaurasia’s significant influence and deep-rooted connections within the state’s bureaucratic machinery posed a substantial risk of witness tampering and interference with the ongoing investigation. In conclusion, the court determined that there had been no material change in circumstances since the previous bail applications, and thus, Chaurasia’s third bail application was rejected.
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