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Vikas Bhardwaj vs. C.B.I. and connected matters

Criminal Miscellaneous Case · 2026:DHC:8134Decided 22 Sept 2026New Delhi Bench
CRL.M.C. 5490/2023, CRL.M.C. 8489/2023CNR: DLHC010300952023
Justice Madhu Jain

Background

In a 2010 CBI case arising from a tender for supply of Flame Photometers, the petitioner (a liaison agent for the bidding company M/s Systronics) and a co-accused Branch Manager were alleged to have arranged eight forged performance certificates to help the company qualify for a government tender. The CBI twice filed closure reports finding no clear evidence, but on further investigation the Trial Court ultimately framed charges against both men for cheating, forgery-use, and criminal conspiracy (while discharging them on a separate forgery-making charge). The petitioner challenged the framing of charges.

Decision Breakdown

The High Court declined to quash the charges. It held that witness statements, including from company employees who said the petitioner dictated the contents of fake certificates and got them typed and signed, provided sufficient material for a prima facie case, even though the CBI itself had earlier found the evidence weak and the original certificates were never recovered. The Court emphasized that at the charge-framing stage, courts examine only whether a prima facie case exists, not whether the evidence will ultimately prove guilt: that is for trial.

Lesson Learnt

Even where an investigating agency itself doubted the strength of its case in closure reports, a court can still frame charges based on witness statements that, taken at face value, disclose a prima facie case; whether that evidence survives cross-examination is left to be decided at trial, not at the charge stage.

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