Delhi court rejects bail plea of MCD deputy commissioner in Rs 4 lakh bribery case

A Delhi court on Friday dismissed the bail plea of an MCD deputy commissioner arrested by the CBI last month in a Rs 4 lakh bribery case, observing that releasing the high-ranking official at this stage would send a wrong signal to society. Special Judge Sudhanshu Kaushik was hearing the bail application of Abhishek Kumar Mishra, who claimed that certain employees of the Municipal Corporation of Delhi (MCD) involved in illegal activities held a grudge against him for acting as a whistleblower and had falsely implicated him. Rejecting the argument, the court said, ''The theory of false implication might be a ground of defence during trial, but at this stage, there is no evidence to support the story that the applicant has been falsely implicated.'' The judge said the evidence on record prima facie indicated the offences of corruption and bribery, and that transcripts of the recorded conversations showed that Mishra and his associate were acting towards the common object of the conspiracy. He said, ''The independent witnesses have witnessed the demand and acceptance of a bribe. At this stage, this court is under an obligation to balance the liberty of the applicant with the necessity of carrying out a fair and meaningful investigation.'' The judge noted that the probe was at a crucial stage and the agency was collecting evidence and recording the testimonies of material witnesses. He said, ''The applicant, while holding a high-ranking position in a public office, demanded and accepted a bribe from the complainants. The involvement of such a high-ranking official in corruption erodes public trust.'' The judge said the witnesses whose statements were being recorded included the employees where the accused was posted as deputy commissioner, and so the prosecution's apprehension about Mishra trying to influence witnesses or tamper with evidence could not be brushed aside. ''Keeping in view the totality of circumstances and taking into account the gravity of the offence and further taking note of the fact that the investigation on the vital aspect is still going on, at this stage, no case is made out for releasing the applicant Abhishek Kumar Mishra on bail.'' ''I also find force in the submissions of the prosecution that releasing the applicant, at this stage, would send a wrong signal to society,'' the judge said. The court, however, clarified that it was not expressing any opinion on the merits of the case.

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