'Gravity Of Offence Cannot Be Sole Ground To Deny Bail': Chhattisgarh High Court Grants Bail To Anwar Dhebar In Rice Custom Milling Case

Rushil Batra

14 Jan 2026 7:15 PM IST

  • Justice Arvind
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    The Chhattisgarh High Court has granted regular bail to businessman Anwar Dhebar in connection with the alleged rice custom milling scam being probed by the State EOW/ACB. The Court observed that the material presently relied upon by the prosecution does not justify continued detention, especially when the investigation qua the applicant stands completed.

    Justice Arvind Kumar Verma heard the bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to offences under Sections 384, 409, 120-B IPC and Sections 11, 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act.

    Background:

    The prosecution alleged that the applicant wielded influence in the erstwhile State government and relied on WhatsApp chats recovered in connection with a liquor scam, claiming they showed communication with co-accused Anil Tuteja on policy matters, tenders, and postings. It was alleged that the applicant conspired with others to illegally extract ₹22 crores from special incentives for custom milling of rice. He was arrested on 09.07.2025 and remained in custody for over four months. The State argued that economic offences require a stricter bail approach.

    The applicant contended that vague allegations of influence and digital chats are weak evidence, the alleged money trail is unsupported, and no recovery was made from him. It was also argued that no summons or notice was ever issued after registration of the FIR, no search or seizure was conducted, charges are yet to be framed, and he was undergoing prolonged pre-trial incarceration.

    The Court reiterated that at the bail stage it is not required to conduct a detailed examination of evidence, and must assess whether continued deprivation of liberty is justified, keeping in view Article 21.

    It noted that the applicant was not named in the FIR or original charge-sheet, and his implication surfaced later mainly based on co-accused statements under Section 164 CrPC. The Court recorded:

    “95. The Applicant came to be arrested on 09.07.2025… no notice or summons was issued to him… no search or seizure… no recovery… A supplementary charge-sheet qua the Applicant has already been filed… investigation insofar as the Applicant is concerned stands substantially completed…”

    The Court held that the arrest, effected after an inordinate delay and without custodial necessity, appeared disproportionate. It found that the evidentiary material did not justify continued detention.

    Referring to Article 21 and the presumption of innocence, the Court observed that charges were yet to be framed and the trial was unlikely to conclude soon. It held:

    “104. This Court is conscious of the gravity of the allegations… gravity alone cannot be the sole ground to deny bail… Apprehensions… have not been substantiated… can be addressed by imposing stringent conditions.”

    Accordingly, regular bail was granted on a personal bond of ₹1,00,000 with two local sureties, subject to conditions including surrender of passport, cooperation with trial, and intimation of change in address or mobile number.

    The order was reserved on 19.12.2025 and pronounced on 13.01.2026.

    Title: Anwar Dhebar v. State of Chhattisgarh

    Case Number: MCRC No. 8136 of 2025

    Appearance: Senior Advocate Shri Vikas Pahwa and others for the Applicant; Dr. Saurabh Pande for the State.

    Click Here To Read/Download Order

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