New Delhi: The Supreme Court on Monday granted bail to Enforcement Directorate (ED) Assistant Director Vishal Deep, who was arrested by the Central Bureau of Investigation (CBI) for allegedly seeking bribes from two private college administrators during the probe into the Himachal Pradesh scholarship scam.
A Bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma set aside the Punjab & Haryana High Court’s 1 August order denying bail, observing that the investigation had culminated in the filing of a chargesheet, and that the officer had remained in custody for a considerable period.
Case Background: Bribery Allegations During Scholarship Scam Probe
The allegations against the ED officer stem from two FIRs filed on 22 December 2024. The complaints were lodged by: Bhupinder Kumar Sharma, Chairman of Dev Bhumi Group of Institutions, Una; and Rajneesh Bansal, Chairman of Himalayan Group of Professional Institutions, Sirmaur.
Both complainants alleged that during the ED and CBI investigations into the multi-crore Himachal Pradesh scholarship scam, the officer demanded ₹55 lakh and ₹60 lakh respectively to protect them from arrest. At the time, Vishal Deep was posted in Shimla as the investigating officer of the ED team. The FIRs alleged that he used false identities while approaching the complainants for the alleged bribe demands.
Following the complaints, CBI and ED jointly conducted a trap operation. According to CBI, two vehicles—one registered in the officer’s name and another in his brother’s name—tested positive for phenolphthalein traces, a chemical used specifically in trap cases to detect handling of tainted cash.
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Why the High Court Denied Bail
The Punjab & Haryana High Court had refused bail, holding that the allegations pointed towards a serious misuse of official authority.
The Court observed that: the accusations were prima facie grave, the conduct alleged involved abuse of investigative powers, and the officer’s role required deeper examination before any adjudication of innocence. On these grounds, the High Court concluded that granting bail at that stage would not be appropriate.
Supreme Court’s Rationale for Granting Bail
Reversing the High Court decision, the Supreme Court noted that: investigation was complete, the chargesheet had already been filed, and the trial would take considerable time to conclude.
The Bench held that further incarceration was not necessary once the material evidence had been gathered. The Court added that bail does not amount to exoneration and that the trial court must independently evaluate all evidence during trial.
The Court directed that the ED officer be released on bail, subject to conditions to be imposed by the trial court.
Legal Representation
The petitioner was represented by: Senior Advocate Mukta Gupta, along with Advocates Mudit Jain, Yugant Sharma, and Hardik Sharma. The CBI was represented by Additional Solicitor General Raja Thakre.
The matter is titled Vishal Deep v. CBI | Criminal Appeal No. 4885/2025.
Context: The Himachal Scholarship Scam
The ED and CBI investigations relate to a long-running scam involving alleged siphoning of government scholarship funds meant for students from economically weaker backgrounds. Several private institutions were accused of raising fraudulent claims using fabricated student lists and inflated enrolment data.
The scholarship scam drew national attention due to the scale of the alleged financial irregularities and the involvement of multiple entities across the education sector. The bribery allegations against the ED officer emerged during the broader investigation, adding a sensitive layer to the case.
