'High Ranking Official Also Equally Entitled To Bail' : Supreme Court Dismisses Chattisgarh's Challenge Against Bail Granted To Former ADGP

A vacation bench comprising Justice BR Gavai and Justice Hima Kohli observed that the petition filed by State of Chattisgarh challenging High Court's 12th May order is "nothing but a totally unwarranted exercise on behalf of state". 

"While considering and application of bail, status of applicant is not to be considered . As an ordinary citizen is entitled to his rights under constitution, equally a high ranking officer can't be denied right the under constitution", the Bench said 

The bench noted that Senior Advocate Mukul Rohatgi for State submitted that respondent is a high ranking officer and been indulging in tampering of evidence, and all this has been ignored by the High Court.

The bench however observed that in a case of disproportionate assets, most evidence is documentary evidence and there is no question of tampering such evidence. It further observed that in any case, the High Court has imposed stringent conditions. 

The Apex Court had earlier on 4th May, requested the Chattisgarh High Court to expeditiously dispose of Singh's bail plea.

A bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli had disposed of the Singh's special leave petition challenging Chattisgarh High court's refusal to grant him ad interim bail

The High Court thereafter through its order dated 12th May granted bail to Singh considering the following:

• The charge-sheet has already been filed. 
• Conclusion of trial may take some more time
• The sanction has not been obtained at time of filing chargesheet from competent authority by the Investigating Agency
• The period of detetion which comes to about four months.

The Chief Justice of India had earlier remarked that when police officers are good with one Government, they have to 'face the heat' when the Government changes.

While hearing a petition filed by Singh in relation to an extortion case against him, Supreme Court had earlier also made scathing oral remarks on 'new trend' in the country where police officers extract money when they are on good terms with the government, and seek protection when they face criminal cases after change in government.

Singh has been arrested in connection with a case registered for the offence under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 and section 201, 467 and 471 of IPC of IPC (case of disproportionate assets in nutshell).

Prosecution's case:

The case of the prosecution is that Singh is a member of the Indian Police Services and was allotted to the Madhya Pradesh Cadre. After bifurcation, he was allocated to the State of Chhattisgarh under the Chhattisgarh cadre.

Upon receiving an information about the disproportionate assets accumulated by him, an enquiry was conducted whereafter an FIR was registered against the applicant under Section 13(1)(b) and 13 (2) of the Prevention of Corruption Act.

A search was conducted at his residence after obtaining necessary search warrant from the competent Court. An inventory of the seizure was made and the investigation is in progress. The search and seizure conducted by the Investigating agency i.e. Economic Offences Wing have been carried out on the basis of information received and after due satisfaction about the veracity of the information, the crime has been registered. During investigation, Sections 201, 467 and 471 IPC were added.

The State Anti-Corruption Bureau (ACB) and Economic Offences Wing (EOW) had registered an FIR against Singh, under the Prevention of Corruption Act on June 29 after preliminary findings into complaints that he had allegedly amassed disproportionate assets.

On July 1, 2021, the residence of the petitioner was raided by the police and they allegedly found some pieces of papers in a drain behind the house of the petitioner which were later on reconstructed by them into some notes, criticize, statistics report against political party and against few representatives of the various wings of the State.

The contents of the reconstructed documents have been alleged to be illicit vengeance and hatred against the State Government and as a result of which, an FIR against him was registered against him for committing offence under Sections 124A & 153A of I.P.C.