A bench of Justice Pratibha Rani trashed the apprehension of CBI that the accused, who served on a very senior position in the Army, has the capacity to influence the witnesses, saying the agency had never made any such complaint against him during the two-year-long probe.
It granted bail to Lt Gen (retd) Tejinder Singh on a personal bond of Rs 1 lakh and a surety of the like amount while imposing certain conditions including that he will not leave the country without prior permission of the trial court and "shall not try to contact any of the witnesses in any manner whatsoever during the trial of this case".
Referring to various judgements, the court said it has been a settled legal position that if an accused has not been arrested during the probe and has roots in the society then he should not be arrested after filing of the charge sheet.
"I am of the considered view that the petitioner deserved to be enlarged on bail. Accordingly, it is directed that petitioner be released on bail on his furnishing of personal bond in the sum of Rs 1 lakh with one surety of the like amount to the satisfaction of the trial court...," it said.
Besides former law minister Kapil Sibal, a battery of lawyers including Geeta Luthra, Dayan Krishnan and Pramod K Dubey had appeared for Tejinder Singh.
The former army officer had moved the High Court for bail on September 1 after the Special CBI judge ordered his arrest and sent him to judicial custody till September 20.
