Anil Deshmukh document leak case: What Court said while refusing bail to lawyer, SI

Rejecting the bail plea of sub-inspector Abhishek Tiwari, a Special CBI Court on Wednesday said that he acted “contrary to his duties and expectations of his officers sabotaging the investigation for consideration” [CBI v. Abhishek Tiwari & Anr]..Special CBI Judge Vimal Kumar Yadav also rejected the bail plea of lawyer Anand Daga, who was arrested along with SI Tiwari in connection with the alleged leak of documents pertaining to the ongoing investigation against former Maharashtra Home Minister Anil Deshmukh..“Given the fact that the accused himself being a CBI officer, fully aware about the process and procedure of the CBI and its investigation, therefore the possibility cannot be ruled out that he may try to subvert the investigation or create impediments in one way or the other. The allegations are of serious nature and it becomes more grave in view of the fact that he himself entrusted with the investigation and his alleged acts have derailed it. He has acted contrary to his duties and expectations of his officers sabotaging the investigation for consideration,” the Court noted in Tiwari's bail order..In Daga’s bail order, the Court observed that the investigation was still inconclusive and recoveries connecting the accused with the alleged offence were yet to be made. “Given the fact that the applicant/accused himself being a lawyer and being well-acquainted with the legal process and facing allegations of serious nature, it cannot be ruled out that he may not try to scuttle or influence the investigation which is not confined to a particular geographical area,” the order highlighted..Tiwari’s bail was sought on the ground that he was made a “scapegoat” owing to an “official acrimony.” His counsel also stressed that he was neither a flight risk nor in a position to influence witnesses after his “illegal termination”. He was stated to be among the top sub-inspectors of the CBI, and was adjudged the “best probationer”.Daga’s counsel referred to his eight-year-long stint in the legal profession, as well as the fact that he was wiling to participate and cooperate in the CBI’s investigation..The prosecution contested the defence’s arguments, stating that being a CBI officer, Tiwari had acted to the “detriment of the cause of the CBI” and was associated in the investigation of a “high-profile” case as he was one of the “brightest officers”.“The phone of the accused was opened with his email ID and password which connects him with the alleged offence apart form other evidence coming on record. As such, the investigation needs to be insulated form any kind of incursion,” the Court was informed..Opposing Daga’s bail plea, the prosecution emphasised that his profession cast a duty on him to not only be a law abiding citizen, but also further the cause of justice. However, the allegations against him “reflect a contrary behaviour”.Public Prosecutor Tajvinder Singh represented the CBI.Advocates Abdhesh Chaudhari, Meenesh Dubey and Santosh Singh Barthwal argued for Abhishek Tiwari, while Advocate Tanveer Ahmed Mir appeared for Anand Daga..[Read the orders]