Gujarat court rejects bail plea of ex-bureaucrat Ketki Vyas in disproportionate assets case

While rejecting the bail application, Judge Bharat Bhaskarbhai Jadav, Special Judge (ACB), noted that Vyas had knowledge of revenue law and was well acquainted with the prevailing laws and therefore kept herself away from the ACB for avoiding her arrest for a long time.

“Thus, the conduct of applicant-accused being a responsible officer in avoiding her arrest is required to be viewed seriously; otherwise, there is a chance of fleeing away at the time of trial, which is a very crucial one,” the court observed.

The court remarked that as the accused occupied a responsible post and the public put trust in her, which could be broken by the act of amassing disproportionate assets. It stated that the offence of economic (disproportionate assets) are required to be viewed differently because it directly damages the public trust and confidence and having in government which impacts on large scale in the society. “Further, considering the papers on record, it appears that there is prima facie material on record against the applicant-accused and the investigation is in progress,” the judge pointed out.

‘No authenticity for documents’

The order said, “The applicant-accused submitted details of investment/income but the said documents were neither signed by the applicant-accused nor signed by any Chartered Accountant. Thus, without any supporting documents in respect of the statement submitted with the present application, the same cannot be considered without any authenticity. Further, whatever ground and defence raised by the applicant-accused are required to be decided at the end of trial. Further considering the police papers, it appears that a huge amount is involved in the alleged offence and as per the affidavit of I.O., the presence of the applicant-accused is necessary for the just and appropriate investigation in the present case on hand.”

The court noted that if the petitioner is released on bail, it would affect the prosecution case. “Thus, considering above all circumstances, it is not desirable to exercise the discretionary powers of this court in favour of the applicant-accused. However,  it is made clear that the above observations do not mean that this court is of the view that guilt of the applicant is proved, as it is the settled principle of law that the accused remains innocent till the guilt of the accused is proved,” the court said.

Vyas was apprehended by the Detection of Crime Branch (DCB) of Ahmedabad City Police on August 12 and handed over to the Anti-Corruption Bureau (ACB), which booked her in the Disproportionate Assets case.