AgustaWestland Scam: Delhi High Court Modifies Christian Michel's Bail Conditions In ED Case

The Delhi High Court on Thursday modified the bail condition imposed on British Arms Counsultant Christian James Michel in the FIR registered by Enforcement Directorate (ED) in connection with the Agusta Westland chopper scam. 

Paving way for Michel's release, Justice Swarana Kanta Sharma ordered that instead of furnishing a personal bond and surety bond of Rs. 5 lakh each, Michel shall now furnish a personal bond of Rs. 5 lakh, along with a cash surety of Rs. 10 lakh.

The Court directed that Michel may be released on regular bail without him depositing his passport immediately. However, it directed the FRRO to ensure that Michel does not leave the country, and that the British High Commission will ensure that his fresh passport, whenever the same is ready, is not handed over to him but is directly deposited with the Trial Court.

“….this Court also directs that the condition that the applicant shall deposit his passport with the learned Trial Court (as modified above) which shall not be released without the permission of the Court, shall be strictly adhered to,” the Court said.

It added that Michel shall strictly adhere to the conditions imposed by the Trial Court, including marking his attendance physically in the office of concerned I.O. once every 15 days after his release.

“The applicant shall also furnish the details of his residential address where he intends to reside post-release. Before being released from the jail, the said address will be verified by the learned Trial Court through DoE. Additionally, he shall promptly inform both the learned Trial Court and the concerned I.O. in case of any change in such address,” the Court said.

Justice Sharma disposed of Michel's plea seeking modification of the order granting him bail in the case. Michel had sought that the bail condition asking him to furnish a surety of Rs. 5 lakh be relaxed. He had also prayed that the condition asking him to surrender his passport be revoked.

The plea was opposed by ED's counsel on the ground that the bail conditions were just and reasonable. It was submitted that there was no way to ensure Michel's presence in India if he furnished no local surety.

Michel was granted bail by Justice Sharma on March 04. On February 18, the Supreme Court had granted bail to Michel in the case registered by Central Bureau of Investigation (CBI) related to the alleged scam.

Justice Sharma granted bail to Michel in the money laundering case considering the period of incarceration of about six years and two months undergone by him, and in view of the fact that he has also been granted bail in the CBI case by the Supreme Court on the ground that the investigation has not been completed and the trial has not even begun.

Michel was earlier denied bail in the CBI and ED cases in relation to the alleged scam by a coordinate bench in 2022. He was arrested in December 2018 after being extradited from Dubai. He is termed as a 'Middleman' for the alleged illegal transactions that took place in the VVIP chopper scam.

The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 Crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

ED had then filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from AgustaWestland.

Counsel for Petitioner: Mr. Aljo K. Joseph, Mr. Vishnu Shankar, Mr. Sriram P, Mr. Sheikh Mohsin, Advocates

Counsel for Respondent: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Panel Counsel for ED with Mr. Kartik Sabharwal, Ms. Pranjal Tripathi and Mr. Kanishk Maurya, Advocates

Case Title: Christian Michel James v. ED

Citation: 2025 LiveLaw (Del) 600

Click here to read order