Anticipatory Bail Rejected in CBI Case Based on WhatsApp Chats and Corruption Allegations

Background of the Case

The matter concerns an anticipatory bail application filed by Anil Tuteja S/o Late H. L Tuteja Vs Central Bureau of Investigation before the Chhattisgarh High Court. The applicant, a retired IAS officer, invoked Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking protection against arrest in a CBI-registered case linked to earlier corruption proceedings.

The CBI case (Crime Number RC2162025A0006 dated 16-04-2025) emerged from the transfer of an FIR initially lodged by the ACB/EOW, Raipur. The allegations broadly related to:

  • Corruption and illegal gratification under the Prevention of Corruption Act, 1988 (as amended in 2018)
  • Criminal conspiracy and other offences under the Indian Penal Code
  • Alleged interference in investigation and judicial proceedings in the well-known NAN case (FIR No. 09/2015)
  • Alleged efforts to influence witnesses and manipulate official records

The High Court was approached directly pursuant to liberty granted by the Hon’ble Supreme Court in SLP (Crl.) No. 19892 of 2025, by order dated 09-03-2026, permitting the applicant to move the High Court for regular or anticipatory bail.

Sequence of Proceedings and Connected Matters

Origin in NAN Case and Subsequent Developments

  1. On 12.02.2015, ACB/EOW, Raipur registered Crime No. 09/2015 against certain officials of Nagarik Apurti Nigam, Chhattisgarh, Raipur (NAN).

    • Initially, offences invoked included Section 109, Section 120-B IPC and Section 13(1)(d), Section 13(2) of the Prevention of Corruption Act, 1988.
    • A charge sheet filed on 06-06-2015 mentioned Section 109, Section 120-B, Section 420 IPC, and Section 11, Section 13(1)(d), Section 13(2) of the PC Act.
    • The applicant was not named in this original charge sheet.

  2. On 05-12-2018, a supplementary charge sheet in the NAN FIR included the applicant as an accused for the first time.

  3. Separately, on 09-01-2019, the Enforcement Directorate (ED) registered ECIR/RPSZO/01/2019 under the PMLA 2002, in which the applicant was also arrayed as an accused.

    • The High Court granted him anticipatory bail on 29.04.2019 in MCrCA No. 1679/2018 on the reasoning that there was no direct evidence against him at that stage.

Income Tax Search and Digital Material

Between 27.02.2020 and 01.03.2020, the Income Tax Department executed search and seizure operations, including on:

  • A beauty salon run by the applicant’s wife
  • The residential premises of the applicant

During these actions, electronic devices such as mobile phones and other digital media were seized. According to the prosecution, crucial WhatsApp chats forming the backbone of the present case originate from these devices.

The applicant obtained interim protection under Section 438 CrPC on 18.03.2020 in the NAN-related ECIR, which later culminated in grant of anticipatory bail on 14.08.2020 in MCrCA No. 469/2020.

The ED challenged the grant of anticipatory bail by filing SLP (Crl.) No. 6323-24/2020 before the Supreme Court. In connection with that matter, an affidavit filed by ED on 25.09.2024 made references to four separate alleged scams:

  • Custom Rice Milling Scam
  • Coal Scam
  • Mahadev Online Betting Scam
  • DMF Scam

The record showed that the applicant had already secured bail in at least two of these – the Custom Rice Milling and DMF-related matters.

Registration of WhatsApp Chat FIR and Transfer to CBI

After the Income Tax search yielded digital data, including WhatsApp chats, ACB/EOW registered a fresh FIR:

  • Crime No. 49/2024 dated 04.11.2024
  • Offences: Section 7, Section 7A, Section 8, Section 13(2) of the Prevention of Corruption Act, 1988 and Section 182, Section 211, Section 193, Section 195A, Section 166A, Section 120-B of the IPC
  • Accused included the applicant and others

Subsequently, the State Government of Chhattisgarh exercised its powers under Section 6 of the Delhi Special Police Establishment Act, 1946, and transferred this investigation to the CBI.

On 16.04.2025, CBI registered Crime No. RC2162025A0006 mirroring the above offences, thus formally commencing its own investigation.

Supreme Court Liberty and Direct Approach to High Court

Given multiple registrations by different agencies (State Police, ED, ACB/EOW, CBI), the applicant moved the Supreme Court in SLP (Crl.) No. 19892/2025, seeking protection from further arrest and coercive steps in all pending FIRs, including the CBI case RC2162025A0006.

On 09-03-2026, the Supreme Court disposed of the SLP but:

  • Did not grant blanket protection
  • Granted liberty to approach the High Court for appropriate relief including regular/anticipatory bail

Armed with this liberty, the applicant filed the present anticipatory bail application directly in the High Court.

Applicant’s Contentions Before the High Court

Claim of Political Targeting and Successive Prosecutions

The applicant stressed that he had served for about 34 years as an IAS officer in Chhattisgarh, retiring as Joint Secretary, Department of Commerce and Industries in May 2023. He asserted:

  • Multiple FIRs were allegedly initiated at the instance of the ruling political establishment.
  • Enforcement agencies (local police, ED, ACB/EOW, CBI) were repeatedly invoking overlapping allegations to ensure his continued incarceration.
  • FIRs concerning incidents between 2019–2023 had been used selectively, with arrests or attempts for arrest revived whenever he was on the cusp of obtaining bail in prior cases, indicating an “evergreening” of custody.

He also contended that the FIR now in issue was brought to his notice only when the State filed an affidavit before the Supreme Court on 06.11.2024 in SLP (Crl.) No. 6323/2020.