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Bail under Bhartiya Nagrik Suraksha Sanhita rejected as link in coal scam established

Case Law Details

TaxGuru Citation
2025 taxguru.in 1531
Case Name
Manish Upadhyay Vs State of Chhattisgarh (Chhattisgarh High Court)
Date of Judgement/Order
Only available for paid members
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Manish Upadhyay Vs State of Chhattisgarh (Chhattisgarh High Court)

Chhattisgarh High Court rejected bail application filed u/s. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 as prosecution prima facie establishes link between accused in the coal scam. Accordingly, bail not granted to applicant.

Facts- This is first bail application filed u/s. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 15.08.2024 for the offence punishable under Sections 420, 120-B, 384 of IPC and Sections 7, 7-A, 12 of the Prevention of Corruption Act, 1988.

On 11.01.2024, one Mr. Sandeep Ahuja, Deputy Director, Directorate of Enforcement, Raipur through Mr. Farhan Qureshi, Deputy Superintendent of Police lodged a complaint before the Director General of Police Anti Corruption Bureau & Economic Offences Wing, Chhattisgarh pertaining to predicate offence discovered during money laundering in investigation File No. ECIR/RPZO/09/2022 was done u/s. 66(2) of the Prevention of Money Laundering Act, 2002.

Thereafter, an offence bearing FIR No. 03/2024 has been registered on 17.01.2024 at Police Station against 35 accused persons.

As part of the well-planned conspiracy, the applicant with the active support of the politicians & some of the senior State Government functionaries, managed to influence the then Director of Geology & Mining, and got issued a Government Order dated 15.07.2020 which became the fountain head of this extortion system by converting the online system of issuance of Transport Permits into a manual system. They started a network of extortion to collect Rs. 25 per on every ton of coal transported in the State of Chhattisgarh. By this system of extortion, a huge amount of cash started accumulating with the syndicate and with this money, the applicant has purchased benami assets and a huge amount of money was transferred to the applicant, spent on political funding and transferred as per the instructions of higher powers.

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