Observing that the “CBI failed to state how much cash was paid to the accused and when it was paid,” a Delhi court on Monday granted bail to former Air Chief Marshal S.P. Tyagi in the AgustaWestland VVIP helicopter bribery case.
Releasing Mr. Tyagi on a personal bond of ₹2 lakh with one surety of a like amount, Special Judge Arvind Kumar said: “During arguments, the CBI failed to state how much cash was paid to the accused.”
“Admittedly, the CBI has seized the documents regarding properties [of Mr. Tyagi] in 2013, and more than three years and nine months have passed but could not conduct investigation in this regard as the CBI has mentioned in the arrest memo of the accused that the properties of the accused are to be linked with illegal gratification,’’ Mr. Kumar said.
The court also dismissed the argument that Mr. Tyagi might tamper with evidence if released on bail.
“It is worthwhile recording here that the accused/applicant was was arrested after three years and nine months after the lodging of the FIR, and during this period, Look Out Notice was withdrawn by the CBI, his accounts were defreezed after the CBI gave its no-objection and the accused was allowed to travel abroad,’’ the judge noted in the bail order.
“The apprehension raised by the CBI that the accused may tamper with the evidence is without any basis. Further, the accused had retired in 2007, hence to my mind, the apprehension of the CBI that he would be influencing the witnesses who had been subordinate to him during the tenure of his service appears unfounded,” Mr. Kumar said.
The judge also noted that the investigation had been going on for three years and nine months and it was not the case of CBI that the accused had not cooperated in it.
The court later said orders on the bail applications of the two other accused, Mr. Tyagi’s cousin Sanjeev Tyagi and lawyer Gautam Khiatan, would be passed on January 4.
