Chhattisgarh HC Rejects Anticipatory Bail of Businessman Sunil Kumar Aggarwal in Chhattisgarh Coal Scam Case [Read Order]

Chhattisgarh High court - Anticipatory Bail - Bail - Businessman - Sunil Kumar Aggarwal - Chhattisgarh Coal Scam Case - Taxscan

The Chhattisgarh High Court rejected an Anticipatory Bail application of Businessman Sunil Kumar Aggarwal in association with the Chhattisgarh Coal Scam case.

The primary allegation against the main accused Suryakant Tiwari and his associates was that of illegally collecting levy on coal transportation throughout the State and the said illegal collection and the unaccounted cash money i.e. the black money collected through illegal means, was being converted as white money by the said accused person with the aid of the present Applicant and the other accused persons also.

In the course of the investigation, it is submitted that the Enforcement Directorate raided the residence and the office premises of the present applicant and conducted an extensive search. In the course of the search, it is alleged that certain incriminating documents were found in respect of misuse of unaccounted and illegal cash money, which was generated by the main accused Suryakant Tiwari, being brought into the mainstream public money through the Applicant.

According to the Senior Counsel appearing for the applicant, from the available materials collected in the course of the investigation, also there seems to be no direct or indirect relationship between the Applicant and the main accused Suryakant Tiwari and his associates so far as the Applicant’s involvement in the commission of the alleged offence committed by Suryakant Tiwari and his associates is concerned.

The Counsel also contended that whatever relation that the Applicant has with the main accused Suryakant Tiwari and his Firms is pure business relation and there is nothing other than the business relationship that the Applicant has with them.

The Counsel for Respondent – Enforcement Directorate, on the other hand, opposing the Bail Application, contended that the Applicant, being the Managing Director of Indermani Group of Companies, was found to be actively involved in the conspiracy with the main accused Suryakant Tiwari by assisting him in consuming ill-gotten wealth/asset.

Dismissing the application of anticipatory bail the Court of Justice P. Sam Koshy observed that “The manner of transaction made between the Applicant and the Firms belonging to Suryakant Tiwari, the timing of the transaction, the sale consideration made by the Applicant in the process of purchase of the Coal Washeries from the Firms belonging to Suryakant Tiwari, all establishes the nexus between the Applicant and Suryakant Tiwari and their involvement in the predicate offence.”

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