Chhattisgarh High Court Declines Anticipatory Bail to Retired IAS Officer in CBI Corruption Case

The Chhattisgarh High Court dismissed the first anticipatory bail application of Anil Tuteja, a retired IAS officer, in Anil Tuteja S/o Late H. L Tuteja Vs Central Bureau of Investigation. The application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against an apprehended arrest in a case registered by the Central Bureau of Investigation (CBI). The Court held that the gravity of the allegations, the stage of the investigation and the chance of interference with witnesses did not permit the exercise of its discretion in the applicant's favour.

Background of the Proceedings

The NAN FIR and the earlier cases

  • On 12.02.2015 the Anti-Corruption Bureau/Economic Offence Wing, Raipur (ACB/EOW) registered Crime No. 09/2015 against certain government officials of Nagarik Apurti Nigam, Chhattisgarh (NAN), under Section 109 and Section 120-B of the IPC and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.
  • A charge sheet was filed on 06-06-2015 without naming the applicant. A supplementary charge sheet dated 05-12-2018 (No. 26A/2015) named him.
  • On 09-01-2019 the Enforcement Directorate (ED) registered ECIR/RPSZO/01/2019 under the Prevention of Money Laundering Act, 2002 (PMLA), in which the applicant was an accused. The High Court granted him anticipatory bail on 29.04.2019 in MCrCA No. 1679/2018, noting the absence of direct evidence.
  • Between 27.02.2020 and 01.03.2020 the Income Tax department searched the applicant's residence and his wife's beauty salon and seized electronic devices. Interim protection in the NAN ECIR followed on 18.03.2020 and the application under Section 438 of the Cr.P.C. was finally allowed on 14.08.2020 in MCrCA No. 469/2020.
  • The ED challenged that grant before the Supreme Court in SLP (Crl.) No. 6323-24/2020, pleading misuse of the bail. Its affidavit of 25.09.2024 referred to four alleged scams: Custom Rice Milling, Coal, Mahadev and DMF. The applicant had been granted bail in two of them, Custom Rice Milling and DMF.

The present FIR

Relying on WhatsApp chats found on the applicant's phone during the Income Tax search, the ED sought cancellation of his bail in the NAN ECIR. On 04.11.2024 the ACB/EOW registered Crime No. 49/2024 against the applicant and others under Sections 7, 7A, 8 and 13(2) of the Prevention of Corruption Act, 1988 and Sections 182, 211, 193, 195A, 166A and 120-B of the IPC. The State Government transferred it to the CBI under Section 6 of the Delhi Police Establishment Act, 1946, and the CBI re-registered it as RC2162025A0006 on 16.04.2025.