New Delhi, Apr 15 (UNI) The Supreme Court on Tuesday granted bail to former IAS officer Anil Tuteja in a money laundering case linked to the alleged Chhattisgarh liquor scam, noting the absence of prior sanction under Section 197 CrPC (now Section 218 BNSS) before the cognizance order was passed.
A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan observed that the Chhattisgarh High Court, in an order dated April 2, 2025, had already set aside the Special Court’s cognizance order on this very ground, and no challenge to that order had been filed so far. “As of today, there is no order taking cognizance,” the Court noted.
The bench highlighted that Tuteja was arrested on April 21, 2024, and had been in custody for nearly a year. Over 20 accused have been named in the case, with 30+ prosecution witnesses cited.
The Court referred to its earlier ruling in the Senthil Balaji case, stating that the principles laid down therein apply to the present matter. It also cited its February 12, 2025, order granting bail to a co-accused under similar circumstances.
The Additional Solicitor General (ASG), opposing the bail plea, submitted that Tuteja is an influential figure with a propensity to tamper with evidence.
In response, the Court said that stringent conditions can be imposed to mitigate such concerns.
The Supreme Court directed that the appellant is to be produced before the Principal District & Sessions Judge of the concerned district to complete bail formalities.
Since the Special Court under Section 43(1) of PMLA is vacant, the Sessions Court shall handle the bail process.
The Apex Court directed that the accused can be granted subject to stringent conditions, including surrender of the passport and furnishing an undertaking to cooperate with the Special Court and regularly attend proceedings upon cognizance.
The respondent may apply for the cancellation of bail if Tuteja fails to cooperate.
