A former Central Bureau of Investigation (CBI) officer Abhishek Tiwari was arrested by the CBI along with Anil Deshmukh’s lawyer from Mumbai Anand Daga in the document leak case in September 2021, has been granted bail on the grounds that he has “roots in the society” [CBI v. Abhishek Tiwari & Ors]. Allegations made against them involved leaking documents connected against the former Home Minister of Maharashtra in an ongoing probe. Daga and VG Tumane, who handled Deshmukh’s social media were also granted bail earlier.

The order in case of the sub-inspector took in consideration that since January 31, 2022, the other accused in the case were on bail, had an “almost similar” role.

The Special CBI Judge Sanjeev Aggarwal said,

“A-1 is an ex-CBI official and therefore, has roots in the society. Further, the allegations of the present case does not pertain to economic offences of huge magnitude, therefore, it cannot per se be said to be falling under the category of grave offences.”

The order also stated that “On the grounds of parity, accused Abhishek Tiwari is also entitled to bail,” it added.

Advocate Meenesh Dubey, Tiwari’s counsel argued that ““Investigation is complete and no useful purpose shall be served by keeping him in jail. Trial will take long time to commence and the accused meets the ‘triple test’.”

Public Prosecutor VK Pathak, the CBI’s lawyer submitted that the completion of an investigation can be no grounds for bail as the sub-inspector is still involved in the wrongdoings. It was alleged that Tiwari, who had assisted the inquiry officer in the preparation of an inquiry report against Deshmukh, had been in possession of case-sensitive documents and that he had leaked information to Daga for an iPhone 12 Pro as illegal gratification. The prosecution also claimed that the copies of various documents were shared with Daga via WhatsApp of an ongoing case.

Thus, Tiwari is guilty of criminal breach of trust in regards with these documents.

However, the Court, granted bail to Tiwari on a personal bond of ₹1 lakh with one surety. He was asked to cooperate in the investigation and not to tamper with evidence. He was also directed not to leave the country without the Court’s permission.

“In case of violation of any of the terms and conditions of the bail mentioned above, the CBI will be at liberty to move an application seeking cancellation of bail,” the Court clarified.


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