As per case facts, the applicant sought regular bail in a case involving alleged large-scale financial irregularities and corruption within the Chhattisgarh State Marketing Corporation Limited (CSMCL). The prosecution alleged ...
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CGHC010225022026 2026:CGHC:34379
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5394 of 2026
Order Reserved on 29.07.2026
Order Delivered on 06.08.2026
•N. Uday Rao, S/o Late N.N. Rao, aged about 63 Years, R/o
Flat No. 34, Tower 4A, Surya Vihar Colony, Junwani, Bhilai,
Thana- Supela, Durg, Chhattisgarh.
... Applicant
versus
•State of Chhattisgarh, Through the Investigating Officer,
Economic Offence Wing / Anti-Corruption Bureau Raipur
Chhattisgarh.
...Non-applicant
(Cause-title is taken from Case Information System)
For Applicant:Mrs. Naushina Afrin Ali, Senior
Advocate appears along with Mr. Mohit
Kumar, Mr. Rishabh Agrawal and Ms.
Monika Singh, Advocates
For State :Mr. Praveen Das, Additional Advocate
General
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(Hon'ble Shri Amitendra Kishore Prasad, Judge)
C.A.V. Order
1.This is the first application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 preferred by the applicant
seeking grant of regular bail in connection with Crime
No.44/2024 registered by the Economic Offences Wing/Anti-
Corruption Bureau, Raipur, for commission of offences
punishable under Sections 467, 468, 471 and 120-B of the
Indian Penal Code and Sections 7(b) and 8 of the Prevention
of Corruption Act, 1988.
2.Briefly stated, the prosecution case is that during the period
between the years 2019 and 2023, the Chhattisgarh State
Marketing Corporation Limited (CSMCL) awarded contracts
to various manpower supply agencies including A-2-Z
Infraservices Limited, Eagle Hunter Solutions Limited, Alert
Commandos Private Limited, Primeone Workforce Private
Limited, Sumeet Facilities Limited and other agencies for
providing manpower such as salesmen, supervisors and
helpers for operation of retail liquor shops established
throughout the State of Chhattisgarh. During investigation, it
allegedly came to light that these manpower agencies, in
conspiracy with certain officers of CSMCL and private
intermediaries, devised a systematic mechanism for raising
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inflated claims under the heads of overtime wages, bonus,
four additional working days and service charges. It is alleged
that although CSMCL released payments towards such
claims, the actual employees were not paid the entire
amounts shown in the bills and a substantial portion of the
excess amount was diverted towards payment of illegal
gratification to public servants and intermediaries for securing
clearance of bills, while the remaining amount was retained
by the manpower agencies and persons managing their
affairs as wrongful gain, thereby causing corresponding
wrongful loss to the State exchequer.
3.According to the prosecution, one of the principal manpower
agencies involved in the aforesaid arrangement was A-2-Z
Infraservices Limited, which had entered into agreements
with CSMCL for supply of manpower across the State.
Investigation allegedly revealed that the said company
received approximately Rs.34.06 crores towards overtime,
bonus, four additional working days and service charges over
and above the actual entitlement of employees. Out of the
said amount, approximately Rs.6.90 crores is alleged to have
been routed as illegal commission through intermediaries to
members of the alleged syndicate headed by the principal
accused, whereas the balance amount constituted wrongful
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pecuniary advantage retained by the company and persons
associated with its affairs.
4.The prosecution further alleges that although the applicant
was neither a Director nor a shareholder of A-2-Z
Infraservices Limited, he was entrusted with the management
of the affairs of the company relating to the CSMCL contract
in the State of Chhattisgarh. According to the prosecution, the
applicant was responsible for manpower deployment,
recruitment, maintenance of attendance records, liaison with
officers of CSMCL, preparation of payment-related records,
operation of the company’s bank account as an authorised
signatory and supervision of other activities connected with
execution of the contract. It is alleged that the memorandum
statement of co-accused Amit Mittal, owner/director of A-2-Z
Infraservices Limited, statements of witnesses and
documentary material collected during investigation prima
facie disclose that the applicant actively participated in the
mechanism through which inflated claims were generated
and processed.
5.It is further alleged that financial analysis undertaken during
investigation discloses that approximately Rs.34.06 crores
was received by A-2-Z Infraservices Limited under the
aforesaid heads and out of the said amount approximately
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Rs.6.90 crores was routed as illegal commission through the
present applicant to one Siddharth Singhania, who thereafter
transmitted the amount through other intermediaries,
ultimately reaching the principal accused. According to the
prosecution, the applicant was not merely involved in local
coordination but also played an active role in facilitating the
movement of illegal commission generated out of inflated
claims.
6.The prosecution has also relied upon the example of the bill
relating to the month of August, 2023 to demonstrate the
modus operandi allegedly adopted by the accused persons.
According to the prosecution, overtime payments amounting
to approximately Rs.81.87 lakhs were claimed in respect of
394 employees, whereas the actual payment made to each
employee was substantially lower than the amount claimed
from CSMCL. Such discrepancies, according to the
prosecution, reveal that inflated claims were systematically
raised in the name of employees, while a substantial part of
the amount was diverted towards payment of illegal
commission and wrongful gain to the persons managing the
affairs of the manpower agencies.
7.Upon completion of investigation, the investigating agency
filed charge-sheet against the present applicant along with
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other co-accused for offences punishable under Sections
467, 468, 471 and 120-B of the Indian Penal Code and
Sections 7(b) and 8 of the Prevention of Corruption Act.
8.Learned Senior Counsel appearing for the applicant submits
that the applicant is innocent and has been falsely implicated.
It is contended that the applicant was never named in the
First Information Report and came to be implicated only
during the course of investigation. According to the learned
Senior Counsel, the entire prosecution case against the
applicant rests substantially upon the memorandum
statement of co-accused- Amit Mittal and other inadmissible
material, without there being any independent evidence
connecting the applicant with the alleged offences. It is
submitted that admittedly the contract with CSMCL stood in
the name of A-2-Z Infraservices Limited and not in the name
of the applicant. The applicant was neither a Director,
shareholder nor office bearer of the said company.
Throughout the relevant period, he was serving as Vice-
President (Marketing) with Chhattisgarh Distilleries Limited
and had no managerial or financial control over A-2-Z
Infraservices Limited. According to the applicant, he merely
coordinated local manpower arrangements on behalf of
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others without exercising any decision-making authority in the
affairs of the company.
9.Learned Senior Counsel further submits that no amount has
ever been credited into the personal bank account of the
applicant; no recovery of cash or incriminating material has
been effected from his possession; no disproportionate
assets have been traced to him; nor is there any material
showing that he derived any pecuniary benefit from the
alleged transactions. It is argued that the prosecution has
failed to establish any money trail connecting the applicant
with the alleged proceeds of crime and, therefore, the
essential ingredients of the offences alleged against him are
not prima facie made out.
10.It is further argued that the prosecution has incorrectly
projected the applicant as having complete operational
control over the affairs of A-2-Z Infraservices Limited.
Referring to the Board Resolution relied upon by the
prosecution, learned Senior Counsel submits that the
applicant was merely one of the joint authorised signatories
for operating the company’s bank account and that no
transaction could be undertaken by him independently
without the signatures of another authorised signatory.
According to the applicant, mere authority to jointly operate
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the bank account cannot lead to an inference that he
exercised complete control over the financial or managerial
affairs of the company or that he was responsible for the
alleged conspiracy.
11.Learned Senior Counsel further submits that the applicant
was arrested on 12.05.2026 and within a short period
thereafter, i.e., on 18.05.2026, the charge-sheet came to be
filed. According to the learned Senior Counsel, the
investigating agency never sought police remand of the
applicant unlike certain other co-accused, which itself
demonstrates that no custodial interrogation of the applicant
was considered necessary. It is submitted that throughout the
course of investigation, the applicant remained available
before the Investigating Officer as and when required and
never attempted to evade the process of law. The conduct of
the applicant, according to the learned Senior Counsel,
clearly establishes that he has cooperated with the
investigation and there exists no likelihood of his absconding
or obstructing the course of justice.
12.Learned Senior Counsel has further contended that the
applicant is entitled to parity with co-accused- Amit Mittal,
Director of A-2-Z Infraservices Limited, who has been
enlarged on bail by this Court vide order dated 03.07.2026
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passed in M.Cr.C. No.4981 of 2026. Referring to paragraphs
39 to 49 of the said order, it is submitted that the observations
made therein regarding the applicant allegedly supervising
the affairs of A-2-Z Infraservices Limited were recorded only
on the basis of submissions advanced on behalf of the said
co-accused and not on the basis of any Board Resolution
seized during investigation. It is submitted that no document
has been recovered authorising the applicant to
independently manage the affairs of the company. Learned
Senior Counsel would submit that the Board Resolution relied
upon by the prosecution merely authorised the applicant to
jointly operate the bank account along with another
authorised signatory and did not confer upon him any
independent authority to manage the day-to-day affairs of the
company.
13.It is further submitted that even according to the
memorandum statement of co-accused- Amit Mittal, the
applicant was never an employee, Director or shareholder of
A-2-Z Infraservices Limited and no salary, remuneration or
consultancy charges were ever paid to him by the said
company. The applicant merely rendered assistance in local
deployment of manpower as the tender conditions required
engagement of manpower from within the State of
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Chhattisgarh. Learned Senior Counsel submits that there
existed no employer-employee relationship between the
applicant and A-2-Z Infraservices Limited and, therefore, the
question of attributing vicarious criminal liability to the
applicant does not arise.
14.Learned Senior Counsel has further argued that no recovery
whatsoever has been effected from the applicant. Neither any
cash nor any incriminating document nor any electronic
device evidencing payment of illegal gratification has been
recovered from his possession. No immovable property,
investment or asset allegedly acquired from the proceeds of
the crime has been traced to the applicant. It is submitted that
in absence of any recovery or money trail connecting the
applicant with the alleged proceeds of crime, his continued
incarceration is wholly unjustified.
15.Learned Senior Counsel has also urged that the applicant is
about 63 years of age and is suffering from multiple serious
ailments including coronary artery disease, Grade-I left
ventricular diastolic dysfunction, hypertension, metabolic
disorders and Non-Alcoholic Fatty Liver Disease (NAFLD).
Referring to the medical documents filed along with the
application, it is submitted that the applicant requires constant
medical supervision and specialised treatment. It is further
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submitted that despite orders passed by the learned Special
Judge directing proper medical treatment, adequate medical
facilities have not been provided to the applicant while in
judicial custody. According to the learned Senior Counsel,
continued incarceration would seriously prejudice the health
of the applicant and violate his fundamental right guaranteed
under Article 21 of the Constitution of India.
16.Learned Senior Counsel has further questioned the
maintainability of the present prosecution by contending that
the allegations forming the basis of the present FIR
substantially overlap with those already under investigation in
Crime No.04 of 2024 relating to the alleged liquor scam. It is
argued that registration of a second FIR in respect of
substantially the same transaction is impermissible in law and
contrary to the principles laid down by the Supreme Court in
T.T. Antony v. State of Kerala, (2001) 6 SCC 181 and
Amitbhai Anilchandra Shah v. CBI, (2013) 6 SCC 348.
17.In support of the prayer for bail, learned Senior Counsel has
further placed reliance upon the decisions of the Supreme
Court in Sanjay Chandra v. CBI, (2012) 1 SCC 40;
Satender Kumar Antil v. CBI, (2022) 10 SCC 51; Dataram
Singh v. State of U.P., (2018) 3 SCC 22; National Small
Industries Corporation Ltd. v. Harmeet Singh Paintal,
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(2010) 3 SCC 330; Sunil Bharti Mittal v. CBI, (2015) 4 SCC
609; Arvind Dham v. Directorate of Enforcement, 2026
SCC OnLine SC 30; Arvind Kejriwal v. CBI, 2024 SCC
OnLine SC 2550; Mohd. Zubair v. State (NCT of Delhi),
(2023) 16 SCC 764; Siddharth v. State of U.P., (2022) 1
SCC 676 and other decisions to contend that once
investigation is complete, the evidence is primarily
documentary in nature and the accused satisfies the triple
test, continued incarceration would amount to pre-trial
punishment.
18.Per contra, learned counsel appearing for the
respondent/State vehemently opposed the prayer for grant of
bail. It is submitted that the present case pertains to a deep-
rooted and well-organised conspiracy involving large-scale
corruption in the functioning of Chhattisgarh State Marketing
Corporation Limited, resulting in wrongful loss to the State
exchequer and corresponding wrongful gain to private entities
and members of the alleged syndicate. According to the
learned counsel for the State, the investigation has revealed
that various manpower agencies, including A-2-Z
Infraservices Limited, systematically generated inflated claims
under the heads of overtime, bonus, four additional working
days and service charges and, after obtaining payment from
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CSMCL, diverted a substantial portion thereof towards
payment of illegal commission to public servants and
intermediaries for securing clearance of their bills.
19.Learned counsel for the State submits that the role attributed
to the present applicant is not that of a mere employee or
local coordinator. According to the prosecution, the applicant
was entrusted with the management of the affairs of A-2-Z
Infraservices Limited in relation to the CSMCL contract within
the State of Chhattisgarh and was responsible for manpower
deployment, attendance records, agreements, payment-
related records, liaison with CSMCL authorities, operation of
the company’s bank account as an authorised signatory and
financial transactions connected with execution of the
contract. The memorandum statement of co-accused Amit
Mittal, statements of witnesses and documentary evidence
collected during investigation, according to the State, prima
facie establish that the applicant actively managed the
execution of the contract and facilitated the mechanism
through which inflated claims were processed.
20.Learned counsel for the State has further submitted that the
financial analysis conducted during investigation reveals that
A-2-Z Infraservices Limited received excess payments
aggregating to approximately Rs.34.06 crores under the
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heads of overtime, bonus, four additional working days and
service charges, out of which approximately Rs.6.90 crores
was allegedly routed as illegal commission through the
present applicant to Siddharth Singhania and thereafter
transmitted through other intermediaries to the principal
accused, Anwar Dhebar. It is submitted that the material
collected during investigation prima facie discloses the
applicant’s active involvement in the movement of illegal
commission and, therefore, considering the gravity of the
offence, magnitude of the financial irregularities and the stage
of the trial, the applicant does not deserve to be enlarged on
bail.
21.I have heard learned Senior Counsel appearing for the
applicant, learned counsel appearing for the respondent/State
at length and have perused the case diary, charge-sheet,
documents placed on record and the rival submissions with
due care.
22.At the outset, it deserves to be noticed that the allegations in
the present case are not confined to mere breach of
contractual obligations or accounting irregularities. The
prosecution case, as unfolded during investigation, discloses
a prima facie case of a well-organised conspiracy whereby
inflated claims were allegedly generated under the heads of
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overtime, bonus, four additional working days and service
charges in respect of manpower supplied to CSMCL. It is
alleged that after obtaining payment on the basis of such
inflated claims, a substantial portion of the excess amount
was diverted towards payment of illegal gratification to public
servants and members of the alleged syndicate, while the
remaining amount was retained by the manpower agencies
and persons managing their affairs, thereby causing wrongful
loss to the public exchequer. The offences alleged include
criminal conspiracy, forgery, use of forged documents and
offences under the Prevention of Corruption Act, which are
undoubtedly serious in nature.
23.The principal contention advanced on behalf of the applicant
is that he was neither a Director nor a shareholder nor the
owner of A-2-Z Infraservices Limited and was merely serving
as Vice-President (Marketing) of Chhattisgarh Distilleries
Limited. According to the applicant, he only rendered
assistance in local coordination of manpower and never
exercised any financial or managerial control over A-2-Z
Infraservices Limited. It has also been contended that no
salary or remuneration was ever paid to him by the said
company and, therefore, no criminal liability can be fastened
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upon him merely because he assisted in execution of the
contract.
24.Prima facie, the aforesaid submission does not persuade this
Court. The material collected during investigation, particularly
the memorandum statement of co-accused- Amit Mittal,
statements of witnesses, attendance records, operational
documents, banking records and other documentary material,
prima facie indicates that though the applicant may not have
been a Director or shareholder of A-2-Z Infraservices Limited,
he was actively associated with the execution of the CSMCL
contract within the State of Chhattisgarh. The prosecution
material indicates that manpower deployment, attendance
management, liaison with CSMCL authorities, preparation
and forwarding of payment-related documents and other
operational activities connected with execution of the contract
were being carried out by the applicant.
25.The charge-sheet further reveals that the applicant’s mobile
number and e-mail address were linked with the operational
bank account of A-2-Z Infraservices Limited and that he
functioned as one of the authorised signatories for operation
of the said account. Though learned Senior Counsel has
contended that the applicant could not have independently
operated the account without another authorised signatory,
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such contention pertains to appreciation of evidence, which
cannot be undertaken at this stage. Whether the Board
Resolution authorised the applicant only to jointly operate the
account or whether such authority ultimately establishes
criminal liability are questions which fall for consideration
during trial. At the stage of consideration of bail, this Court is
only required to examine whether the material collected
during investigation discloses a prima facie case against the
applicant.
26.The prosecution has further placed material to indicate that
A-2-Z Infraservices Limited received approximately Rs.34.06
crores towards overtime, bonus, four additional working days
and service charges and that out of the said amount,
approximately Rs.6.90 crores was allegedly routed as illegal
commission through various intermediaries. According to the
prosecution, the present applicant was instrumental in
facilitating the movement of the said illegal commission. At
this stage, these allegations find prima facie support from the
financial analysis, bank records, documentary evidence and
statements recorded during investigation. Whether such
material ultimately establishes the guilt of the applicant
beyond reasonable doubt is a matter which shall be decided
by the learned trial Court on appreciation of evidence.
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27.The submission that the applicant has been implicated solely
on the basis of the memorandum statement of
co-accused- Amit Mittal also does not appear to be entirely
correct. The prosecution has relied not only upon the
memorandum statement of the co-accused but also upon
attendance registers, bank documents, payment records,
witness statements, financial analysis and other documentary
evidence collected during investigation. At the stage of
consideration of bail, this Court cannot embark upon a
meticulous examination of the admissibility or evidentiary
value of each document or witness statement.
28.Equally, the contention that no recovery has been effected
from the applicant and that no amount has been credited to
his personal bank account cannot, by itself, constitute a
ground for grant of bail in the peculiar facts of the present
case. The allegations against the applicant are not confined
to personal enrichment but extend to his alleged active
participation in execution of the criminal conspiracy by
facilitating inflated claims and routing illegal commission. The
question whether the applicant personally derived any
financial benefit is a matter to be examined during trial.
29.Much emphasis has been laid by learned Senior Counsel
upon the order dated 03.07.2026 passed by this Court
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granting bail to co-accused- Amit Mittal and the applicant has
claimed parity therewith. The submission does not merit
acceptance. It is well settled that parity is not an absolute
rule. The role attributed to each accused, the nature of
evidence available against him and the surrounding
circumstances have to be independently considered. Grant of
bail to one accused does not automatically entitle another
accused to the same relief unless the role attributed to both is
substantially identical.
30.In the present case, the prosecution has specifically alleged
that the applicant was the person supervising execution of the
CSMCL contract within the State of Chhattisgarh, maintaining
attendance records, coordinating with CSMCL officials,
operating the bank account as an authorised signatory and
facilitating financial transactions connected with the alleged
commission mechanism. At this stage, this Court is unable to
hold that the applicant stands on the same footing as
co-accused- Amit Mittal or the other co-accused who have
already been granted bail. Therefore, the principle of parity is
of no assistance to the applicant.
31.It has also been argued on behalf of the applicant that the
investigation stands concluded, charge-sheet has been filed
and the entire prosecution case rests upon documentary
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evidence already seized by the investigating agency. Though
filing of the charge-sheet is undoubtedly a relevant
consideration while deciding an application for bail, the same
by itself cannot be regarded as conclusive. The Court is
equally required to consider the nature and gravity of the
accusation, the extent of involvement attributed to the
accused, the magnitude of the offence, the possibility of
influencing witnesses and the larger interest of society.
32.The present case concerns allegations of large-scale financial
irregularities involving diversion of public funds running into
several crores of rupees. The allegations disclose an
organised mechanism whereby inflated claims were allegedly
generated and public money intended for payment of
employees was siphoned off by routing a part thereof as
illegal gratification to public servants and intermediaries.
Economic offences involving corruption and diversion of
public money constitute a class apart, affecting not merely an
individual victim but the financial health of public institutions
and public confidence in governance. The Hon’ble Supreme
Court has repeatedly held that while considering bail in cases
involving economic offences, the Court is required to keep in
mind the larger societal interest and the seriousness of the
allegations.
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33.The prosecution has also expressed a specific apprehension
that several material witnesses are connected with
attendance records, billing processes, manpower
deployment, financial transactions and the alleged
commission mechanism. The trial has not yet commenced
and none of the prosecution witnesses has been examined.
Having regard to the position allegedly occupied by the
applicant in the execution of the CSMCL contract, the
apprehension expressed by the prosecution that his release
at this stage may result in influencing witnesses or otherwise
affecting the fair conduct of the trial cannot be said to be
wholly unfounded.
34.So far as the medical condition of the applicant is concerned,
the documents placed on record indicate that the applicant is
about 63 years of age and is suffering from certain ailments
requiring regular medical supervision. However, no material
has been placed before this Court to establish that the
necessary medical facilities cannot be extended to the
applicant while he remains in judicial custody. In the event
specialised treatment is required, it shall be open to the
competent authorities to ensure that the applicant receives
appropriate medical treatment in accordance with law.
Therefore, at this stage, the medical condition of the applicant
22
does not constitute an exceptional circumstance warranting
grant of regular bail.
35.The contention advanced on behalf of the applicant that the
present FIR is liable to be questioned on the ground that it
constitutes a second FIR in respect of the same transaction
as Crime No.04 of 2024 also cannot be examined in detail
while deciding the present application for bail. Whether the
present prosecution is hit by the principles laid down in T.T.
Antony v. State of Kerala, (2001) 6 SCC 181 and Amitbhai
Anilchandra Shah v. CBI, (2013) 6 SCC 348, or whether
both prosecutions arise out of the same transaction, are
issues which may appropriately be examined in proceedings
instituted for that purpose. Such questions do not fall for
adjudication while considering an application for regular bail.
36.Likewise, the decisions relied upon by the learned Senior
Counsel for the applicant in Sanjay Chandra, Satender
Kumar Antil, Dataram Singh, Sunil Bharti Mittal, Harmeet
Singh Paintal, Arvind Dham, Arvind Kejriwal, Mohd.
Zubair, Siddharth (supra) and other judgments undoubtedly
reiterate the settled principles governing grant of bail and the
constitutional importance of personal liberty under Article 21
of the Constitution. However, it is equally well settled that
every application for bail has to be decided on its own facts.
23
The ratio of the aforesaid decisions cannot be applied in
isolation, ignoring the nature of the allegations, the prima
facie material collected during investigation and the specific
role attributed to the accused.
37.Having considered the totality of the circumstances, the
gravity and magnitude of the alleged offence, the prima facie
material collected during investigation, the specific role
attributed to the applicant in the execution of the alleged
conspiracy, the nature of evidence collected by the
investigating agency and the stage of the proceedings, this
Court is of the considered opinion that the applicant has not
been able to make out a case for grant of regular bail at this
stage.
38.Having considered the totality of the facts and circumstances
of the case, this Court is of the opinion that the material
collected during investigation prima facie indicates the
involvement of the applicant in the alleged conspiracy relating
to submission of inflated claims and routing of illegal
commission. At this stage, the prosecution case is supported
by documentary evidence, bank records, financial
transactions and statements recorded during investigation.
Considering the gravity and nature of the allegations, the
magnitude of the alleged financial irregularities, the stage of
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the trial and the possibility of the applicant influencing the
prosecution witnesses, this Court is not inclined to exercise
its discretionary jurisdiction in favour of the applicant.
39.So far as the contention of the applicant that he has been
treated differently in comparison to co-accused persons is
concerned, the same cannot be examined in isolation at this
stage. The material available on record prima facie indicates
that the present applicant was allegedly acting as an
intermediary between the manpower agencies and the
concerned government officials and was involved in the
process of routing the alleged illegal commission. The role
attributed to the present applicant requires appreciation of
evidence during the course of trial and cannot be conclusively
determined at the stage of consideration of the application for
bail.
40.The contention of the applicant that there existed no
employer-employee relationship between the applicant and
co-accused Amit Mittal and that no remuneration was paid to
the applicant for his services, thereby excluding any question
of vicarious criminal liability, also cannot be accepted at this
stage. The allegations against the applicant are not based
merely on any employer-employee relationship but pertain to
25
his alleged role in the conspiracy and facilitation of the
transactions forming part of the alleged offence.
41.It is also urged that no recovery of any nature has been
effected from the applicant; no cash has been recovered from
his possession; no incriminating documents or electronic
devices have been seized from him; no property, investment
or asset allegedly acquired from the proceeds of the offence
has been identified; and no amount has been traced to his
personal bank account. However, the absence of recovery by
itself cannot be a sole ground for grant of bail when the
prosecution case is based on other material collected during
investigation, including documentary evidence, financial
transactions and statements of witnesses. The evidentiary
value of such material is a matter for consideration during the
course of trial.
42.Therefore, considering the nature of allegations, the material
collected during investigation, the specific role attributed to
the applicant and the overall circumstances of the case, this
Court does not find it to be a fit case for grant of bail to the
applicant at this stage.
43.Consequently, this Court is of the considered opinion that the
applicant has failed to make out a case for grant of regular
26
bail under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
44.Accordingly, the application being devoid of merit deserves to
be and is hereby dismissed.
45.It is, however, made clear that the observations made
hereinabove are only for the purpose of deciding the present
application for bail and shall not be construed as an
expression of opinion on the merits of the case. The learned
trial Court shall proceed to decide the case independently on
the basis of the evidence adduced before it, without being
influenced by any observation made in this order.
46.Ordered accordingly.
Sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha
The High Court of Chhattisgarh recently delivered a significant ruling in a high-profile corruption case, denying regular bail to N. Uday Rao in Chhattisgarh Liquor Scam Bail related to MCRC No. 5394 of 2026. This judgment, pronounced on August 6, 2026, by Hon'ble Shri Amitendra Kishore Prasad, underscores the judiciary's stance on economic offenses involving public funds and organized conspiracy. The case highlights intricate allegations of inflated claims and illegal gratification within the state's marketing corporation, presenting a compelling legal narrative for professionals tracking judicial developments on CaseOn.
The central legal question before the High Court was whether the applicant, N. Uday Rao, should be granted regular bail in connection with Crime No.44/2024, registered under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988, for his alleged involvement in a large-scale conspiracy to divert public funds through inflated claims within the Chhattisgarh State Marketing Corporation Limited (CSMCL).
The court considered the application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Key legal principles guiding the decision included:
The prosecution alleged that between 2019 and 2023, CSMCL awarded manpower supply contracts to various agencies, including A-2-Z Infraservices Limited. These agencies, in collusion with CSMCL officers and private intermediaries, systematically generated inflated claims for overtime, bonuses, and service charges. A substantial portion of the payments received from CSMCL was allegedly diverted as illegal gratification to public servants, with the remaining amount retained as wrongful gain, causing significant loss to the State exchequer.
The applicant, N. Uday Rao, despite not being a Director or shareholder of A-2-Z Infraservices Limited, was purportedly entrusted with managing the company's affairs related to the CSMCL contract in Chhattisgarh. His responsibilities included manpower deployment, record-keeping, liaison with CSMCL, preparing payment documents, operating the company's bank account as an authorized signatory, and overseeing contract execution. Financial analysis revealed that A-2-Z Infraservices Limited received approximately Rs.34.06 crores in excess payments, with about Rs.6.90 crores allegedly routed as illegal commission through the applicant to other intermediaries, ultimately reaching the principal accused.
The applicant countered that he was falsely implicated, not named in the initial FIR, and that the prosecution's case relied on inadmissible co-accused statements. He asserted he had no financial or managerial control over A-2-Z, merely coordinating local manpower and acting as one of the joint authorized signatories. He argued that no personal recovery was made from him, and there was no money trail to link him to the proceeds of crime.
The High Court, however, found a strong *prima facie* case against the applicant. The court emphasized that the allegations were not merely about contractual breaches but constituted a well-organized conspiracy involving large-scale corruption. Evidence, including co-accused statements, witness testimonies, attendance records, bank documents, and financial analysis, supported the prosecution's claim of the applicant's active involvement in facilitating inflated claims and routing illegal commissions. The court noted that the applicant's role as a joint authorized signatory, coupled with other evidence, indicated a deeper involvement than mere coordination.
Regarding the applicant's claim of parity with co-accused Amit Mittal, who was granted bail, the court clarified that parity is not an absolute rule. It found that the prosecution specifically attributed a supervising role to N. Uday Rao in the execution of the CSMCL contract and the alleged commission mechanism, distinguishing his involvement from others. Additionally, the court dismissed contentions about the maintainability of a second FIR and the lack of an employer-employee relationship as issues for trial, not bail proceedings.
The court also considered the applicant's medical condition but found no material to suggest that necessary medical facilities could not be provided in judicial custody. Furthermore, concerns about the applicant influencing witnesses, given the early stage of the trial and the nature of economic offenses, were deemed valid by the prosecution.
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Based on the totality of facts and circumstances, the gravity and magnitude of the alleged offense, and the *prima facie* material indicating the applicant's involvement in the conspiracy, the High Court concluded that N. Uday Rao had failed to make out a case for regular bail. The application was therefore dismissed.
The High Court of Chhattisgarh rejected the regular bail application of N. Uday Rao, implicated in a multi-crore corruption case involving inflated claims and illegal commissions from manpower supply contracts with CSMCL. The court found a *prima facie* case of an organized conspiracy, supported by documentary evidence, financial analysis, and witness statements, indicating the applicant's active role in facilitating financial irregularities, despite not being a director or shareholder of the involved company, A-2-Z Infraservices Limited. The court rejected arguments for parity with co-accused, the lack of personal recovery, and medical grounds as insufficient to warrant bail given the gravity of the economic offense and the potential for influencing witnesses.
This judgment serves as a critical precedent and learning point for several reasons:
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