Legal Awareness & Information.

Supreme Court Grants Absolute Bail to Desh Raj, Citing Cooperation with CBI Investigation

New Delhi – The Supreme Court of India on Tuesday made an interim bail order absolute for Desh Raj, the petitioner in a case against the State of Himachal Pradesh. A bench comprising Hon'ble Mr. Justice Ahsanuddin Amanullah and Hon'ble Mr. Justice Prashant Kumar Mishra passed the order after reviewing a sealed report from the Central Bureau of Investigation (CBI) and concluding that the petitioner had satisfactorily cooperated with the ongoing investigation.

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Case Background and Proceedings

The matter, a Special Leave Petition (SLP) filed by Desh Raj, challenged an order from the High Court of Himachal Pradesh. The Supreme Court had previously granted interim protection to the petitioner. In the hearing on November 17, 2025, the court followed up on its earlier directive for the CBI to submit a status report on the investigation.

Arguments and Court's Assessment

Senior Advocate Mr. Siddhartha Dave appeared on behalf of the petitioner, Desh Raj. The pivotal moment in the hearing came when Mr. S.D. Sanjay, the learned Additional Solicitor General (ASG) representing the CBI, submitted the investigation report in a sealed cover as per the court's prior instruction.

The bench reviewed the contents of the report, noting that it was a sensitive document related to a continuing investigation. In its order, the court deliberately chose not to comment on the specifics of the report to avoid prejudicing the case.

> "We have gone through it. The same has been returned to the learned Additional Solicitor General. We do not wish to comment on the same as the investigation is still proceeding."

However, the judges highlighted a crucial factor derived from the report and the proceedings: the petitioner's cooperation.

> "However, we find that the petitioner now having cooperated with the investigation, in the facts and circumstances of this case, the interim order requires to be made absolute."

This observation formed the entire basis for the court's final decision, underscoring the legal principle that a person's willingness to cooperate with law enforcement is a significant factor in matters of personal liberty and bail.

Final Order and Directives

Disposing of the Special Leave Petition, the Supreme Court made the interim bail absolute. The court directed that:

• In the event of arrest or if the petitioner surrenders before the trial court within three weeks, he shall be released on bail.
• The specific terms and conditions for the bail will be determined and imposed by the concerned lower court.

The bench also issued a stern warning, making the bail conditional upon future conduct.

> "It goes without saying that the petitioner shall cooperate in the investigation/trial and any violation of the said would be a ground for cancellation of his bail."

With these directions, the Supreme Court disposed of the SLP and all pending applications, bringing relief to the petitioner while ensuring the integrity of the ongoing legal process is maintained. The decision reinforces the judiciary's balanced approach, protecting individual liberty while holding the accused accountable for cooperating with the investigation.