SC grants bail to businessman in Delhi excise policy case

On March 20, the top court noted that the businessman had been in custody for 18 months and directed his release on interim bail for five weeks

The Supreme Court on Monday granted bail to businessman Abhishek Boinpally in the Delhi excise policy case probed by the Enforcement Directorate (ED) noting that the other accused are already out on bail.

The top court had on August 13 extended the interim bail granted to Boinpally. (Representative file photo)

Boinpally was granted interim bail on March 6 this year and since then, the relief granted to him was extended from time to time.

A bench of justices MM Sundresh and Aravind Kumar said, “It is not in dispute that all other accused in the case are on bail. Considering the above circumstance, we are inclined to grant bail.”

The court permitted the trial judge to fix conditions for bail.

Additional solicitor general (ASG) SV Raju appeared for ED and said that he would not like to oppose since other accused have been granted bail.

Senior advocate Vikram Chaudhary appearing for Boinpally pointed out that the order granting him interim bail had restricted his travel outside Delhi, permitting him to only visit his hometown Hyderabad. He requested the court that this condition should not come in the way of the trial court while laying down the bail conditions.

The bench clarified, “We make it clear that the condition (restricting Boinpally’s travel outside Delhi) was only for granting interim bail.”

His interim bail was last extended in August when Boinpally’s lawyers argued that the recent judgment of the top court granting bail to former Delhi deputy chief minister Manish Sisodia will squarely apply in his case as the trial in the ED case is yet to begin. The charge against Boinpally is that he acted as a “conduit” in transfer of money between the accused.

The 36-year-old businessman was arrested on October 9, 2022, and had cited his long incarceration and medical ailments as grounds for seeking bail. He is accused of being part of the conspiracy in causing windfall to private liquor traders who benefited under the 2021-22 excise policy.

Boinpally was released on bail by the trial court in the CBI case on November 14, 2022, but was later arrested by ED in connection with the same allegations. The ED has attributed proceeds of crime of ₹105.55 crore to Boinpally, which the latter has denied claiming that it is based on uncorroborated statements of witnesses.

On July 3, 2023, the Delhi high court rejected his bail plea following which he approached the top court.