Delhi HC grants bail to Lt. Colonel Abhishek Kumar Mishra arrested in corruption case

New Delhi [India], July 6 : The Delhi High Court on Monday granted regular bail to Lt. Colonel Abhishek Kumar Mishra, who has been arrested in an alleged corruption case. He was on deputation in the MCD as Deputy Commissioner. His earlier bail application was dismissed by the trial court.
Vacation judge Justice Madhu Jain granted bail to Abhisek Kumar Mishra on furnishing a bail bond of Rs 25000 and a surety bond in the like amount.
" Considering the facts and circumstances of the case, particularly the fact that the chargesheet has already been filed, the sanction for prosecution is still awaited, and the petitioner has remained in custody for more than three months, this Court thinks that the petitioner is entitled to be released on regular bail," Justice Jain said in the order.
While granting bail to Mishra, the High Court noted that the petitioner is not an employee of the Municipal Corporation of Delhi (MCD) but was sent on deputation from the Ministry of Defence to the MCD.
The court also noted that at this stage, except for the disclosure statement of the co-accused and the recovery of Rs.4 lakh from the residence of the petitioner, there is no other incriminating material against the petitioner on record.
The counsel further submitted that the complainant himself was facing a vigilance inquiry and the alleged demand of money was made for closing the said vigilance inquiry. It is further submitted that cognisance has not yet been taken.
Senior Counsel for the petitioner submitted that the petitioner has been in judicial custody for the last 3 and a half months. He further submitted that though the respondent contends that the present case is a trap case, nothing was recovered from the petitioner herein, and the only evidence against him pertains to the alleged conspiracy.

The Rouse Avenue court in May had dismissed the bail plea of Deputy Commissioner of MCD Abhishek Kumar Mishra (Lt. Colonel on Deputation in MCD). He has been arrested in a bribery case alongwith another official of MCD.
The bribe money was allegedly recovered from Devanshu Gautam after he accepted the same on behalf of Mishra, the CBI said. Then the bribe amount was delivered to Mishra's wife by Gautam. Thereafter, the amount was recovered from the house of Mishra.
The CBI had arrested Mishra and an administration officer for the alleged offence of demanding and accepting a bribe of Rs. 4 Lakh from another employee of MCD, who is facing departmental proceedings in order to extend him a favour.
It is alleged that one Mukesh Kumar Sharma and his colleague Gajender Kumar, both working in MCD, were under suspension and their departmental inquiry was being conducted by Colonel
Abhishek Kumar Mishra, who is on deputation as Deputy Commissioner, Shahdara (North), MCD, Delhi. Allegedly, Devanshu Kumar Gautam, working as an Administrative Officer in MCD, acted as a mediator and conduit of Mishra and demanded a bribe of Rs. 4 Lakhs from the complainant on behalf of Mishra in order to extend favour in the departmental proceedings.
Mukesh Kumar had lodged a complaint with the CBI on March 27, and acting on the complaint, the CBI caught red-handed Devanshu Kumar Gautam after he accepted a bribe of Rs. 4 Lakh from the complainant in his car at Rajghat Parking.
After accepting the bribe, Gautam informed Mishra on the mobile that Mukesh had given Rs 4 Lakh. Mishra asked Gautam to visit his house and deliver the amount, as he was busy with official work. Thereafter, Gautam was made to deliver the amount, and he delivered the bribe amount to Mishra's wife. The CBI team waited for Mishra to arrive. When he arrived, the raising team arrested Colonel Mishra and recovered the bribe amount from his house. The CBI has said that it has the recording of the conversation.