Delhi excise policy: Indospirit MD Sameer Mahendru, 4 others granted bail in CBI case

The court said it was of the opinion that “this was a first case for bail where it should be granted to the applicants pending trial, and there is no reason or ground for taking any of them into custody”.

The court granted them bail on furnishing a personal bond of Rs 1 lakh each with one surety of the like amount.

The court said Kuldeep Singh and Narender Singh were two excise officials accused of substantive offences in this case, but the IO had “taken a conscious decision not to arrest any of the applicants” and filed a chargesheet against them without making any arrests. In this case, AAP communication in-charge Vijay Nair and businessman Abhishek Boinpally were the only ones arrested by the CBI. They were later granted bail on November 14, 2022.

“The prosecution/CBI should not have any right to oppose the request for bail being made by the applicants and it should be left to the court to consider said request of applicants as per the said guidelines and principles,” the court said.

The court noted that “most of the witnesses pertaining to their roles stand already examined by the IO and even most of the documentary evidence in respect to their roles is stated to have already been collected”.

It also noted that the “vague apprehensions being expressed” by the CBI of evidence tampering and influencing of witnesses can be taken care of by imposing certain conditions.

The court said no purpose would be served in keeping the accused in custody since the investigation was at an initial stage, the physical and digital data is said to be huge and supplementary chargesheets were expected to be filed in this case.

In the CBI case, Deputy Chief Minister Manish Sisodia was arrested and sent to a 5-day police custody.

The court said Sisodia had failed to “legitimately explain the incriminating evidence which has allegedly surfaced against him in the investigation”.

On August 17, the CBI filed an FIR, and two days later, raided 21 locations in Delhi, including Sisodia’s house. He is among 15 booked in the CBI FIR — the others being three excise department officials and several vendors and distributors.