BASANT KUMAR KAUSHIK vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
- Case type
- MISC. CRIMINAL CASE
- Decided on
- 23-02-2026
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1839 of 2026
Basant Kumar Kaushik S/o Shri M.L. Kaushik Aged About 44 Years R/o
Phase-2, Wood Island Colony, Amleshwar Patan, District- Durg (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Additional Superintendent Of Police
Economic Offence Wing/Anti-Corruption Bureau, District- Raipur (C.G.)
... Respondent(s)
For Applicant(s) : None.
For Respondent(s) : Mr. Saumya Rai, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23.02.2026
1. This is the second bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No. 05/2025 registered at Police Station Economic Offence
Wing/Anti-Corruption Bureau, District- Raipur (C.G.) for the
offence punishable under Section 120-B and 409 of the IPC,
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Section 13(1)(A), 13(2) and 7(c) of the Prevention of Corruption
Act.
2. This is the second bail application of the applicant, the first bail
application of the applicant was rejected by this Court vide order
dated 15.09.2025 in MCRC No.5110 of 2025. Thereafter, the
applicant preferred Special Leave to Appeal (Crl.) No. 16149 of
2025 before the Hon’ble Apex Court, which came to be dismissed
as withdrawn.
3. Case of the prosecution, in brief, is that on the basis of a secret
information received at Police Station EOW/ACB, Raipur, an FIR
No.05/2025 dated 22.01.2025 was registered for offences
punishable under Sections 120-B, 409, IPC and under Sections
13(1)(A), 13(2) and,7(C) of the Prevention of Corruption Act. It is
the case of the prosecution that in light of the scheme of "Hamar
Lab", which is a District Level Health Centre, the Directorate of
Health Services (for short, the DHS) had issued a demand letter
to Chhattisgarh Medical Services Corporation Ltd. (for short, the
CGMSCL) for purchase of medical equipment and reagents under
the said scheme. The CGMSCL, in turn floated Tender No.
182/EQP/CGMSCL/2022-23 dated 26.08.2022 for rate contract of
equipment, wherein one Mokshit Medicare Pvt. Ltd. was declared
as the L-1. It has been alleged that concerned officers of
Directorate of Health Services and CGMSCL entered into criminal
conspiracy with Mokshit Medicare Pvt. Ltd. by making tailor-made
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conditions and technical specification in the tender to benefit
Mokshit Pvt. Ltd. Further, it has also been alleged that the criminal
breach of trust was done with an intention to cause profit to the
said Company by making unnecessary purchase of medical
equipment and reagents, that too, at a higher rate which resulted
in a total loss of Rs.411 Cr. to the State Government. Hence, the
bail application.
4. On the other hand, learned State counsel opposes the bail
application and submits that the applicant, while holding a
responsible position in the Directorate of Health Services and/or
Chhattisgarh Medical Services Corporation Ltd., entered into a
criminal conspiracy with other officials and Mokshit Medicare Pvt.
Ltd. in connection with the “Hamar Lab” scheme, and facilitated
issuance of a tailor-made tender (Tender
No.182/EQP/CGMSCL/2022-23) with restrictive technical
specifications to favour the said company. The applicant is alleged
to have abused his official position by approving and processing
procurement of medical equipment and reagents at inflated rates
and beyond requirement, thereby committing criminal breach of
trust and misconduct under the Prevention of Corruption Act,
resulting in alleged wrongful loss of about Rs.411 Crores to the
State Government and corresponding wrongful gain to the private
company. Therefore, the applicant is not entitled for grant of bail.
5. I have perused the case diary and the documents appended with
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the bail application.
From perusal of the records, it transpires that this is the second
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bail application of the applicant and first bail application of the
applicant was rejected by this Court vide order dated 15.09.2025
in MCRC No. 5110 of 2025 on the ground that the applicant, being
government officials holding key and influential positions, were in
a position to influence the Tender Committee and the procurement
process. The material placed on record, including the detailed
objections filed by the respondent ACB, prima facie disclosed their
individual and active roles in the alleged conspiracy. The record
indicated that tender conditions were manipulated, objections of
certain committee members were ignored, and signatures were
obtained in a questionable manner to facilitate placing of bulk
orders of medical equipment and reagents in favour of Mokshit
Medicare Pvt. Ltd., even where there was no genuine
requirement. The supplies were allegedly made to CHCs/PHCs in
unnecessary quantities, resulting in a huge financial loss of
approximately Rs. 411 crores to the State exchequer.
7. Furthermore, the present matter involves serious economic
offences committed in an organized and well-orchestrated
manner. Economic offences, by their very nature, are distinct from
conventional crimes as they have deep-rooted conspiracies,
involve large-scale public funds, and adversely affect the financial
health of the State and public confidence in governance. Reliance
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was placed upon the principles laid down by the Hon’ble Supreme
Court in State of Gujarat v. Mohan Lal Jitamalji Porwal , State
of Maharashtra v. Balakrishnan Dattatreya Kumbhar , and
Nimmagadda Prasad v. CBI , wherein it has been held that
economic offences are grave in nature, committed with deliberate
design for personal gain, and require a different and stricter
approach while considering bail.
8. Moreover, the settled parameters for grant of bail, namely the
possibility of flight risk, tampering with evidence, and influencing
witnesses. Given that the alleged conspiracy involved both private
entities and State officials, and that further investigation was still
ongoing with respect to other accused persons, the Court held
that the possibility of the applicants influencing witnesses or
interfering with the investigation could not be ruled out. The
magnitude of the alleged scam, the seriousness of accusations,
the prima facie material demonstrating an organized conspiracy,
and the larger public interest weighed heavily against the
applicant.
9. Therefore, after considering the nature and gravity of the offence,
the alleged role of the applicant as masterminds in the conspiracy,
the huge financial loss caused to the State, and the potential risk
of tampering with evidence and influencing witnesses, the Court
held that it was not a fit case to grant bail at this stage and
accordingly rejected the applications, further there appears to be
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no good ground to entertain the present bail application.
Accordingly, the second bail application of the applicant- Basant
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Kumar Kaushik, involved in Crime No. 05/2025 registered at
Police Station Economic Offence Wing/Anti-Corruption Bureau,
District- Raipur (C.G.) for the offence punishable under Section
120-B and 409 of the IPC, Sectuion 13(1)(A), 13(2) and 7(c) of the
Prevention of Corruption Act, is rejected at this stage.
Needless to say that the trial Court concerned is at liberty to
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proceed and conclude the trial expeditiously.
Office is directed to provide a certified copy of this order to the trial
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Court concerned for necessary information and compliance.
After passing of the order, Mr. Krishna Tandon, learned counsel
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for the applicant appears and submits that his presence may be
marked.
Sd/- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil