On Tuesday, the Jharkhand High Court refused Choubey’s request for bail in the Hazaribagh land scam for the same reasons of possible witness tampering and the ongoing investigation. The investigation into the illegal changing of land ownership and corruption related to Forest Department land is being handled by the Anti-Corruption Bureau.
Bail Plea Rejected in Hazaribagh Land Case
Justice Anubha Rawat Choudhary made her decision on Tuesday, after listening to both sides on April 23. The request for bail was related to a vigilance investigation into illegally changing the ownership of “gairmazurwa” land (land not fit for transfer) and misusing his position while Choubey was the deputy commissioner of Hazaribagh.
After looking at the evidence and the statements in the case file, the court believes there’s a good chance Choubey would influence witnesses if he were released. The Anti-Corruption Bureau also told the court they still have more to investigate.
Allegations: Illegal Mutation of Forest Land
The Anti-Corruption Bureau’s official complaint (FIR) says Choubey supposedly used his job to have forest land officially transferred to private people, specifically Binay Kumar Singh and Snigdha Singh, who he’s known for many years. Investigators say the person who sold the land wasn’t actually the legal owner, which creates big legal problems with the transfer of ownership.
Statements taken during the investigation, including from Alka Kumari, who was the Circle Officer at the time, say the land transfer was done because of pressure and orders from Choubey, even though people said the land was forest land and could not be legally transferred. The court said a transfer like this shouldn’t have been permitted by standard procedures.
He is also accused of being involved in illegally selling “Sewayat” land, changing forest land records, and altering what the land is meant to be used for using fake papers. The land was then supposedly passed on to Vinay Singh, who works with him. This came to light in 2013, after which the land records made for the forest land were cancelled and the Anti-Corruption Bureau started looking into it.
ACB Stand and Defence Position
At the hearing on April 23, the Anti-Corruption Bureau said that many other officials involved in the case had followed Choubey’s orders and that his part in things still looks suspicious. They said he could influence witnesses if he were given bail and that he needs to remain in jail to make sure the investigation isn’t compromised.
Choubey’s lawyers responded by saying the accusations are without basis and aren’t backed up by solid proof. They said Choubey has been wrongly accused, is willing to help with the investigation, and should be allowed bail.
Court’s Observations
The court looked at the evidence and the case file and concluded that there’s a real possibility Choubey would influence witnesses. They also agreed the investigation is continuing and needs further work before they would consider letting him go.
Key points placed before the court included:
– ACB flagged pending investigative steps
– ACB alleged co-accused acted under his directions
– ACB cautioned about likely witness influence
– Defence called the charges baseless
– Defence said he would fully cooperate
Linked Cases and Next Steps
Choubey is still in jail because of the Hazaribagh case that the Anti-Corruption Bureau is handling. He is charged with crimes under the Indian Penal Code and the Prevention of Corruption Act.
He is also accused in a very large liquor fraud case, but a lower court already gave him bail in that case because the charges hadn’t been officially filed within the required time. This current refusal of bail is only for the Hazaribagh land case.
This decision by the court shows how important it is to the court to stop anyone from interfering with witnesses and to let the investigation proceed. Because the Anti-Corruption Bureau says they need to investigate further, the outcome of the case will depend on the documents, official records and what people have said during the investigation.
Why the Order Matters
This ruling increases the legal difficulties for a high-ranking government official accused of changing the records for forest and Sewayat land. It also shows that any breaking of rules when transferring land will be carefully examined, particularly when the person on the records and whether the land is able to be transferred are questioned.
For how things are run and how corruption is checked in Jharkhand, this order reinforces that the proper legal process must be followed in important land cases. Right now, all attention is on the Anti-Corruption Bureau’s investigation and the court’s emphasis on making sure witnesses are safe from influence.
