Recently, the Supreme Court took up the bail plea of an Enforcement Directorate (ED) Assistant Director who had been arrested by the CBI on allegations of demanding bribes from administrators of two educational institutions during the probe into the Himachal Pradesh scholarship scam. The case stemmed from serious accusations of misuse of official position by the officer.
Two FIRs were registered on December, 2024, based on complaints from the chairmen of Dev Bhumi Group of Institutions in Una and the Himalayan Group of Professional Institutions in Sirmaur. They alleged that bribes of Rs.55 lakh and Rs.60 lakh were sought to prevent their arrest in the ongoing ED and CBI probes. At the time, the officer was posted in Shimla as the ED investigating officer and was accused of using false identities to demand the bribe. Acting on the complaints, both agencies conducted a joint trap operation. According to the CBI, phenolphthalein traces were detected on two vehicles, one registered in the officer’s name and another in his brother’s name, indicating handling during the trap. The Punjab & Haryana High Court, however, had earlier found the allegations serious enough to reject bail.
The Petitioner argued that the filing of the chargesheet and the duration of his custody justified the grant of bail. He maintained that continued incarceration was unnecessary since the investigation had been completed.
The CBI opposed bail by asserting that the allegations pointed to a grave abuse of official power by an ED officer. They highlighted the trap results and the seriousness of the accusations in a corruption case involving public trust.
The Court noted that the chargesheet had already been filed, indicating that the investigation was substantially complete. It also took into account the length of the officer’s incarceration. Weighing these factors, the Court found that continued detention was not warranted at this stage.
The Bench of Justice MM Sundresh and Justice Satish Chandra Sharma set aside the Punjab & Haryana High Court’s order and directed that the officer be released on bail. The conditions of bail are to be determined by the trial court.
Case Title: Vishal Deep v. CBI
Case No.: Criminal Appeal No. 4885 /2025
Coram: Hon’ble Mr Justice M.M. Sundresh and Hon’ble Mr Justice Satish Chandra Sharma
Counsel for the Petitioner: Sr.Adv. Mukta Gupta, Adv. Mudit Jain, Adv. Yugant Sharma, and Adv. Hardik Sharma
Counsel for the Respondent: Additional Solicitor General Raja Thakre .
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