New Delhi: The Delhi High Court on Tuesday denied bail to senior Aam Aadmi Party (AAP) leader Manish Sisodia in a case related to the excise policy scam. While rejecting the former Delhi deputy chief minister's bail plea, Justice Dinesh Kumar Sharma said the allegations against him are 'very serious'. Justice Sharma also said that Sisodia is an 'influential man' and that the possibility of 'witnesses being influenced' if he is released on bail cannot be ruled out.
"In view of the discussion made, the allegations are very serious in nature that the excise policy was formed at the instance of the South group with malafide intention to give undue advantage to them. Such an act points towards the misconduct of the applicant who was admittedly a public servant and was holding a very high position," the Delhi HC said.
In the facts and circumstances of the case, this court is of the considered view that the petitioner is not entitled to bail, the judge said.
The Central Bureau of Investigation (CBI) arrested Manish Sisodia on February 26 this year for alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
He then challenged the March 31 order of a trial court which had dismissed his bail plea in the matter, saying he was 'prima facie the architect' of the 'scam' and had played the 'most important and vital role' in the criminal conspiracy related to alleged payment of advance kickbacks of Rs 90-100 crore meant for him and his colleagues in the Arvind Kejriwal-led Delhi government.
Sisodia's lawyer had said the allegation that he was a recipient of the proceeds of crime was 'all in the air' and no money trail leading to him has been found. Sisodia had sought parity for him with the other accused who have got relief and claimed that he was not in a position to influence the witnesses in the case or tamper with evidence.
The CBI, however, opposed his bail plea, saying he was in a position of power and had political clout. While opposing the plea, the probe agency had said the senior AAP leader controlled various departments, including the excise, and claimed that he wilfully destroyed evidence and mobile phone on the day the present matter was referred by the Lieutenant Governor to the CBI.
The CBI had said that the excise policy was manipulated to favour cartelisation and monopolisation in the liquor trade in the national capital, and Sisodia and businessman Vijay Nair were the main conspirators. The agency contended that Sisodia is the 'kingpin and architect of the conspiracy' and his influence and clout disentitle him to any parity with the co-accused enlarged on bail.
The AAP leader is currently in judicial custody in a related money laundering case being probed by the Enforcement Directorate (ED). He was arrested on March 9 and his bail plea in the money laundering case was dismissed by the trial court, and the challenge is pending before the high court.
The Delhi Excise Policy 2021-22 came into being in November 2021 but was later scrapped following allegations of corruption. It is alleged that the policy favoured certain dealers who had allegedly paid bribes for it, a charge strongly refuted by the AAP.
It is also alleged that irregularities were committed, including modifications in Excise Policy, extending undue favours to the licensees, waiver/reduction in licence fee, the extension of L-1 license without approval etc.
According to CBI, it is alleged that illegal gains on the count of these acts were diverted to concerned public servants by private parties by making false entries in their books of accounts.
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