The Delhi High Court has granted bail to AAP Volunteer Chanpreet Singh Rayat who was allegedly involved in the Excise Policy Scheme scam citing dependency of case on documentary evidence already seized.
The bench of Justice Neena Bansal Krishna has observed that there is no possibility of tampering of evidence by the petitioner if the petitioner is granted bail as the case is primarily dependent on documentary evidence which is already seized by the prosecution. Similarly, the apprehension regarding influencing witnesses and that of being a flight risk can be diffused by imposing stringent conditions while granting bail. Therefore, the conditions of triple test are duly satisfied by the petitioner.
The petitioner-accused, Chanpreet Singh Rayat was in custody in the CBI case, the ED moved an Application before the Court seeking his interrogation and his statement was recorded while he was in Judicial Custody. The petitioner moved an Application for surrender before the ED in the ECIR case. Though, the Bail was granted in the CBI matter, his Application for Surrender remained pending, which was eventually disposed off by the learned Special Judge.
As per the investigation conducted by the ED, the Excise Policy Scheme comprised of kickbacks/proceeds of crimes of Rs. 100 Cr. Paid to the AAP leaders in lieu of making favourable policy changes in the Delhi Excise Policy 2021-22 and created an ecosystem for generating continuous proceeds of crime in the guise of profits to the bribe givers. The concerned AAP leaders then had channelled about 100 crore rupees through Hawala to Goa, to be used in the Election Campaign in the Assembly Elections. The AAP leaders had used various channels and persons for the transfer of these funds to Goa.
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The allegations made against the petitioner were that he was one of the key persons who received Rs. 45 crore in cash for transfer and use in the Election Campaign. It was also alleged that the petitioner was closely associated with the co-accused Mr. Rajesh Joshi, Mr. Vijay Nair etc. and was a cash handler on behalf of the AAP in the Goa Elections. He distributed money to the vendors, survey workers and volunteers etc. who were working for the AAP campaign in Goa Elections.
The Petitioner joined investigation and was remanded to ED custody for a period of 5 days. During his custody, he had given his Statements to the investigating agency during his investigation of 5 days. He was remanded to Judicial Custody by the Learned Special Judge on 18.04.2024.
The petitioner filed a Regular Bail Application on 30.05.2024 which was dismissed by the Learned Special Judge on 06.06.2024.
The Petitioner has sought the Bail on the ground that he has no propensity to evade the process of Law and has throughout been available during the period of investigations and has cooperated in every manner and that the investigations against him are complete and as per the statement of the ED, a final Prosecution Complaint shall be filed on or before 03.07.2024.
The ED contended that he is the key person involved in the transfer and use of the proceeds of crime generated out of the Excise Policy Scam. The petitioner was closely associated with the co accused persons and suspects such as Mr. Vijay Nair, Mr. Rajesh Joshi and others and is a cash handler on behalf of the Aam Aadmi Party in the Goa Elections and had received approximately Rs.45 crores in cash through Hawala Operators and then distributed that to the vendors, survey workers, volunteers etc. working for the AAP campaign in Goa.
The court granted bail to the petitioner subjected to various conditions.
Firstly, the petitioner is directed to be released forthwith on bail subject to furnishing a bail bond in the sum of Rs.5,00,000/- with one surety of the like amount; to the satisfaction of the learned Special Judge/Trial Court.
Secondly, the petitioner/accused shall appear before the Court as and when the matter is taken up for hearing.
Thirdly, the petitioner/accused shall provide a mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned.
Fourthly, the petitioner/accused shall not change his residential address and in case of change of the residential address, the same shall be intimated to this Court, by way of affidavit.
Fifthly, the petitioner shall surrender his passport with the learned Special Court.
Sixthly, the petitioner shall report to the Investigating Officer on every Monday and Thursday between 10-11 AM.
Seventhly, the petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. The petitioner/accused shall not leave the country, without permission of this Court.
Lastly, the petitioner shall not make any attempt to tamper with the evidence or influence the witnesses.
Case title: CHANPREET SINGH RAYAT v/s ENFORCEMENT DIRECTORATE
Citation: BAIL APPLN. 2095/2024
Counsel for the Petitioner: Mr. Ramesh Gupta, Senior Advocate
Counsel for the Respondent: Mr. Zoheb Hossain, Special Counsel
