The Patiala House Court on Monday granted bail to former Indian Air Force (IAF) chief SP Tyagi arrested in the Rs36 billion (Dh1.95 billion) AgustaWestland VVIP chopper deal case.

“He (Tyagi) was in custody for 18 days. No purpose will be served by keeping (the) accused behind the bars,” the court said while granting him bail.

The case relates to procurement of 12 VVIP choppers from UK-based firm AgustaWestland during the regime of the Congress-led United Progressive Alliance (UPA).

The court noted that the former Air force Chief had joined the investigation before his arrest and raids had been conducted at his residence in 2013 where a number of documents had been seized. The court said the Central Bureau of Investigation (CBI) had not been able to link the properties owned by the accused to any illegal gratification.

“The correctness or otherwise of the allegation as to whether the accused has taken the kickbacks and in what manner he was connected to the same can only be looked into during the course of the trial,” the court observed.

In its order, the court of special judge Arvind Kumar observed that the CBI had failed to state how much cash was paid to the accused and when it was paid, “despite having conducted investigation for three years and nine months.”

The court, however, imposed certain conditions on 72-year-old Tyagi and asked him not to try to influence the witnesses and hamper the probe. Besides, the court asked him not to leave the country and deposit Rs200,000 personal bond.

Appearing for CBI, Additional Solicitor General Tushar Mehta had opposed the bail pleas of the accused, saying if set free, they might influence witnesses and hamper the “multi-layered probe by various agencies in more than one jurisdictions involving several countries”.

“The matter has tarnished the country’s name. We have evidence where the meetings unofficially took place for the purpose of crime. At this stage, please do not entertain their bail pleas. Let the probe be completed,” Mehta said.

Tyagi had retired in 2007. He was arrested by CBI on December 9 for his alleged involvement in changing the service conditions of the VVIP choppers, which allegedly allowed AgustaWestland to participate in the bid.

The court had on December 17 sent all the three accused to judicial custody till December 30.

The bail applications of other two accused — Tyagi’s cousin Sanjeev Tyagi and lawyer Gautam Khaitan — are pending before the court which said it will decide both the pleas on January four.

All accused have sought bail on the grounds that the evidence was documentary in nature and had already been seized by CBI and they have cooperated with the probe agency.

During the hearing of the bail plea, SP Tyagi’s advocate Maneka Guruswamy had said that her client “could not be deprived of freedom if the investigation is taking time to complete”.

She had claimed that in the last four years since the police complaint was registered, the investigation agency has never been able to confront Tyagi with any incriminating evidence till date.

The accused sought bail on the grounds that the evidence was documentary in nature and had already been seized by the CBI and they have cooperated with the probe agency.

The accused have alleged that the “CBI was trying to extract the confession using force”. The defence counsel had also claimed that there was no apprehension of them fleeing from justice or tampering with evidence.

Earlier, Tyagi’s counsel had claimed that the decision to procure VVIP choppers from AgustaWestland was a “collective” one and Prime Minister’s

Office (PMO) was involved in it.

This is the first time that a military chief of the country — retired or serving — had been arrested in a probe into alleged corruption in defence procurement.

source : gulfnews