Allowed

Abhishek Kumar Mishra v. Central Bureau of Investigation

Delhi HC6 Jul 2026BAIL APPLN./2214/2026

Case brief

AI extract

What is this about?

The Delhi High Court granted regular bail to the petitioner in a corruption case. The Court relied on the filing of the chargesheet, the pending nature of prosecution sanction, and the petitioner's detention for over three months, noting the paucity of independent incriminating material beyond a co-accused's disclosure.

What did the court decide?

Petitioner released on regular bail on furnishing a bail bond of Rs. 25,000/- with one surety of like amount, subject to standard conditions including non-flight risk and cooperation with investigatio

Abhishek Kumar Mishra Vs Central Bureau of Investigation — Corruption | Delhi HC (2026)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2214/2026 & CRL.M.(BAIL) 1156/2026

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ABHISHEK KUMAR MISHRA .....Petitioner

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Through: Mr. Mohit Mathur, Senior Adv. with Mr. Yogesh Kumar Sharma and Mr. Nitin Joshi, Advocates.

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versus

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CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Mr. Rajesh Kumar, SPP (CBI) along with Ms Reetu Jha, Adv.

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CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.07.2026

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This hearing has been done through hybrid mode.

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The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail to the petitioner in connection with FIR No. RC 003 2026 A 0017 registered at Police Station CBI/ACB, New Delhi, for offences punishable under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘ BNS’ ) and Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘ PC Act’ ).

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Learned counsel for the petitioner submits that the chargesheet has already been filed against the petitioner. He further submits that sanction to prosecute the petitioner is still awaited and the same may take some time. It is submitted that the petitioner has remained in custody for the last three

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:08

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months. Learned counsel further submits that the petitioner has been arrested only on the basis of the disclosure statement of the co-accused and nothing has been recovered from him. It is further submitted that the respondent did not seek police custody remand of the petitioner, as no further investigation was required from him. Learned counsel also submits that the intercepted call between the co-accused and the petitioner was made when the co-accused was already in the custody of the respondent and even the alleged bribe amount was delivered at the residence of the petitioner while the co-accused continued to remain in the custody of the respondent.

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Learned counsel further submits 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 cognizance has not yet been taken.

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Per contra, learned counsel for the respondent submits that the allegations against the petitioner are serious in nature, involving an offence under Section 7 of the PC Act. It is submitted that it was only on the instructions of the petitioner that the co-accused delivered the bribe amount at the residence of the petitioner. He, therefore, submits that considering the gravity of the allegations, the present application deserves to be dismissed.

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I have heard learned counsel for the parties and perused the record.

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It is the case of the prosecution that on 30.03.2026, co-accused Devanshu Gautam was caught red-handed while demanding and accepting a bribe amount of Rs.4,00,000/- from the complainant. Subsequently, the coaccused made a disclosure statement alleging that he had received the said amount on behalf of the petitioner. It is further the case of the prosecution that while the co-accused was in the custody of the respondent, he made a call to

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:08

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the petitioner informing him about the receipt of the amount. According to the prosecution, the petitioner instructed the co-accused to deliver the amount at his residence and also shared his address. Thereafter, while the co-accused continued to remain in the custody of the respondent, the amount was delivered at the residence of the petitioner.

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It is not in dispute 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.

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The chargesheet has already been filed. It is also an admitted position that sanction for prosecution is yet to be received and the same may take some time. The petitioner has remained in custody for more than three months. At this stage, except for the disclosure statement of the co-accused and the recovery of Rs.4,00,000/- from the residence of the petitioner, there is no other incriminating material against the petitioner on record.

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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 is of the opinion that the petitioner is entitled to be released on regular bail.

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Accordingly, the petitioner is directed to be released on bail on furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, subject to the following conditions:

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i. The petitioner shall not leave India without prior permission of the learned Trial Court.

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ii. The petitioner shall intimate the learned Trial Court by way of

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:08

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an affidavit and to the Investigating Officer regarding any change in residential address.

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iii. The petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.

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iv. The petitioner is directed to give his mobile number to the Investigating Officer and keep it operational at all times.

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v. The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.

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The application is accordingly allowed and disposed of in the above terms. Pending application(s), if any, also stand disposed of.

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It is made clear that any observation made herein is only for the purpose of deciding the present bail application and shall not be construed as an expression of opinion on the merits of the case.

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A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance. 15. The order be uploaded on the website forthwith.

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MADHU JAIN, J.

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JULY 6, 2026/JYH/Av

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:12:08

Abhishek Kumar Mishra v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Abhishek Kumar Mishra v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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