Special Judge Sudhanshu Kaushik observed that granting bail to a senior public official accused of corruption at this stage could send a “wrong signal to society.” The court emphasized the seriousness of the allegations and the ongoing nature of the investigation.
Mishra had argued before the court that he was falsely implicated by certain MCD employees involved in illegal activities, claiming they held a grudge against him because he had acted as a whistleblower against corruption within the civic body.
However, the court rejected this contention, stating that there was currently no evidence supporting the claim of false implication. “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 court noted that the evidence collected so far prima facie pointed toward offences related to corruption and bribery. According to the order, transcripts of recorded conversations indicated that Mishra and his associate appeared to be acting in furtherance of a conspiracy.
Judge Kaushik further observed that independent witnesses had allegedly seen the demand and acceptance of the bribe. Stressing the need for a fair investigation, the court said it was necessary to balance the accused’s personal liberty with the integrity of the ongoing probe.
“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 remarked.
The court also took into account the prosecution’s concern that Mishra could influence witnesses or tamper with evidence if released on bail. Several witnesses being examined are employees posted in the same department where Mishra served as deputy commissioner.
Highlighting that the investigation was still at a crucial stage, with the agency continuing to gather evidence and record statements of material witnesses, the court concluded that no grounds for bail were made out at present.
“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,” the court said.
The judge clarified that the observations made in the order should not be construed as an opinion on the merits of the case, which will be determined during trial.
