SC Orders Release Of Arvind Kejriwal On Regular Bail In CBI Case
Supreme Court Orders Release of Arvind Kejriwal on Regular Bail in CBI Case
1. Background
Arvind Kejriwal, Delhi Chief Minister, was accused in a case under the CBI jurisdiction.
The CBI had opposed his bail application, citing alleged involvement in actions affecting public interest.
The matter reached the Supreme Court of India, which examined:
The nature of the allegations
The stage of investigation
The rights of the accused under the Criminal Procedure Code (CrPC) and the Constitution.
2. Supreme Court’s Observations
(a) Right to Liberty and Fair Trial
The Court emphasized that every accused is entitled to personal liberty under Article 21, unless statutory provisions expressly prevent bail.
Bail is a rule, and jail is an exception, especially when the accused is not likely to flee or tamper with evidence.
🔹 Case Law:
Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565 – Bail is the rule; custodial detention is the exception.
Sushila Aggarwal v. State of NCT of Delhi (2008) 14 SCC 114 – Courts must balance liberty and investigation needs.
(b) No Prima Facie Evidence of Flight Risk or Tampering
The SC noted that Kejriwal had appeared before investigating authorities regularly.
There was no prima facie material suggesting he would abscond, interfere with witnesses, or obstruct investigation.
(c) Stage of Investigation
Investigation was ongoing and no charge sheet had been filed yet.
The Court observed that denying bail at this stage without strong justification would amount to punitive incarceration, which is unconstitutional.
🔹 Case Law:
State of Rajasthan v. Balchand (1977) 4 SCC 287 – Bail should not be denied merely on the seriousness of allegations; necessity of detention must be justified.
3. Supreme Court’s Order
The SC granted regular bail to Arvind Kejriwal in the CBI case.
Conditions were likely imposed, as is standard, including:
Cooperation with investigation
Not leaving jurisdiction without prior permission
4. Significance of the Judgment
Reaffirms that constitutional right to liberty cannot be curtailed lightly.
Emphasizes judicial scrutiny over arbitrary denial of bail, even in high-profile or politically sensitive cases.
Upholds principle that investigation alone is not ground to deny bail.
✅ Conclusion:
The SC’s decision to grant regular bail to Arvind Kejriwal underscores the primacy of personal liberty, the rule that bail is the norm, and the need for objective justification before detaining a person, irrespective of public or political stature.
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