"We have evidence that even till today, they (accused) are threatening the witnesses... Kumar's presence outside will create intimidating atmosphere for witnesses," the agency told Special CBI Judge Arvind Kumar who has reserved order on his bail plea for July 25.
CBI claimed that if granted bail at this stage, Kumar "may tamper with evidence. The money trail is still needed to be probed and the investigation is at its crucial stage."
During the arguments, senior advocate Mohit Mathur, who appeared for Kumar, said that his client should be granted the relief as he was not required for further probe and recoveries have already been made by the CBI.
"My client's medical condition is such that he should be granted bail. Also, he is required to be present with his daughter to take care of her as she is seriously ill at the moment," the counsel said, while denying threat to witnesses.
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Meanwhile, another accused in this case, Tarun Sharma, former Deputy Secretary in Kejriwal's office, today approached the court seeking bail which will be heard on on July 29.
Besides the four accused, CBI had also arrested owners of a private firm Endeavour Systems Pvt Ltd (ESPL), Sandeep Kumar and Dinesh Kumar Gupta and Kaushik's predecessor G K Nanda, former Managing Director of Intelligent Communication Systems India Ltd (ICSIL), a Delhi government undertaking.
According to CBI, the five accused were allegedly showing undue favours to private firm ESPL which the agency alleged was floated by Kumar for the award of government contracts worth over Rs 50 crore.
are coming forward to the CBI in this case which means there is no threat by Kumar."
"It seems that witnesses are not being trusted by the CBI itself and the agency itself wants to threaten witnesses. If for several months I (Kumar) was keeping a watch on the witnesses, as per CBI's allegations, they could have arrested me earlier," Kumar's counsel said.
He also alleged that Kumar or his family members had no connection with the formation of the ESPL and neither he was involved in any conspiracy in the case.
"He should not be granted bail as the circumstances are peculiar in this case. Even after the suspension, he is capable to influence the investigation," CBI said.
At the point of peculiarity of the case, Kumar's counsel remarked, "this is really a peculiar case where two authorities (MHA and Delhi government) are suspending one person. I (Kumar) am not sure whose employee I am."
The accused have been charged under section 120-B of IPC (criminal conspiracy) and provisions of the Prevention of Corruption Act relating to criminal misconduct for allegedly favouring ESPL in bagging of five contracts.
This is the same case in which the agency had come under scathing criticism from court which had directed it to return the documents sought by the Delhi government seized during December 15, 2015 search of Kejriwal's office.
The arrest of the top state government official had triggered a political storm with the Delhi government accusing the Centre of indulging in "political vendetta" and "paralysing" governance.