Delhi HC denies bail to middleman in bribery case involving Rakesh Asthana

The Delhi High Court today refused to grant bail to Manoj Prasad, an alleged middleman in the bribery case involving Central Bureau of Investigation (CBI) Special Director Rakesh Asthana..Prasad was arrested by the CBI on October 17 for allegedly taking Rs. 2 crore as a bribe to arrange a clean chit for Satish Sana in a case being probed by the Bureau..Prasad is currently in judicial custody..Justice Najmi Waziri denied bail on the ground that the investigation was at a “crucial stage” and that the allegations against Prasad, who is a Dubai based businessman, were “specific in nature”..“The Court is of the view that bail cannot be granted at this stage”, Justice Waziri said..Senior Counsel Sidharth Luthra argued for Prasad’s release from judicial custody, stating that CBI Deputy Superintendent of Police Devendra Kumar – whose case is similar to that of Prasad’s – has already been granted bail by the trial court and that there was no further requirement of his detention..The CBI opposed Prasad’s bail, arguing that given the fact that he is an NRI with substantial business abroad, there was a serious probability of the investigation being adversely affected if bail is granted to him..Asthana and Kumar’s petitions seeking quashing of a complaint by Sana in the 2017 case involving meat exporter Moin Qureshi are already pending before the same Bench of the High Court..In its reply filed before the Delhi High Court earlier this month, the CBI stated that the allegations made by the informant – businessman Satish Sana – against Asthana and others are of grave nature. Reference was also made to the Special CBI Judge’s order in the case of Asthana’s co-accused, which states that the probe is not on the conduct of the decisions taken by the officials in their official capacity. Therefore, a prior permission to be sought in conformity with Section 17 of the Prevention of Corruption Act was not required..The CBI further opposed Asthana’s plea by stating that the FIR was registered based on Sana’s complaint, which claims the commission of a cognizable offence..It has been submitted by the CBI that the inquiry is at a very nascent stage and needs to be thoroughly investigated.