Document Leakage Case- Delhi High Court Denies Bail To Anil Deshmukh's Lawyer Anand Daga, Sub Inspector Abhishek Tiwari

The Delhi High has denied bail to former Maharashtra Home Minister Anil Deshmukh's lawyer, Anand Daga and Sub Inspector Abhishek Tiwari in connection with the allegations of leaking sensitive documents in the ongoing investigation against former Maharashtra Home Minister Anil Deshmukh, thereby subverting investigation.

Justice Yogesh Khanna, while passing a common order, said that since the allegation in the FIR was based on tempering of the evidence, therefore considering the initial stage of investigation, bail may not be granted to the duo. 

CBI had arrested Daga and Tiwari from Mumbai and Delhi respectively. After being produced before a Magistrate's Court in Mumbai, transit remand was given for Daga thereby directing his production before a Delhi Court.

Accordingly, Daga and Tiwari were both produced before the Special CBI Judge of the Rouse Avenue Court. Their bail application was rejected by Special CBI Judge Vimal Kumar Yadav thereafter.

The FIR was registered against Daga, Tiwari and unknown others alleging that they entered into a criminal conspiracy for the purpose of disclosing the case sensitive and confidential documents to Anand Daga in lieu of undue advantage and illegal gratification.

The said FIR has been registered under sec. 120B of IPC and sec. 7 and 8 of Prevention of Corruption Act.

"It is settled law the Court has to keep in mind not only the nature of accusations but also if there exist reasonable apprehension of the evidence being tempered with, then the bail may be refused," the Court observed. 

Earlier, opposing the bail plea moved by sub-Inspector Abhishek Tiwari, the CBI had said that investigation is bound to fail if members of police start leaking related documents and strategies.

"The present offence is committed by a police officer and a lawyer, both of whom are obliged to protect and preserve the sanctity of legal system in India. For the same rationale to which the courts have treated custodial deaths to be worst form of crime (As committed by those who are obliged to protect lives), the present offence must be treated as an extremely serious one for the reason of its commission and the persons who have committed it," the CBI had said in its affidavit. 

Title: Anand Dilip Daga v. CBI and Abhishek Tiwari v. CBI

Click Here To Read Order