Agusta Scam: Michel Gets Bail in ED Case, but to Remain in Jail

A Delhi court has ordered the release of Christian James Michel, an alleged middleman in the AgustaWestland VVIP chopper scam, from custody in a money laundering case filed by the Enforcement Directorate (ED). However, Michel will remain in jail due to his involvement in a separate corruption case filed by the Central Bureau of Investigation (CBI) related to the same deal.

Special CBI Judge Sanjay Jindal, presiding over Michel's plea for release in the ED case, acknowledged that Michel has already served seven years in custody, which is the maximum sentence for the offense he is accused of under the Prevention of Money Laundering Act (PMLA). The court invoked the second proviso to Section 436A of the Code of Criminal Procedure (CrPC), which mandates the release of an undertrial prisoner who has served more than half of the maximum sentence prescribed for the offense. The court stated that Michel could not be detained beyond December 21, 2025, in the ED case, and ordered his release if he was not required in any other case.

The AgustaWestland case revolves around alleged irregularities and kickbacks paid to former defense ministry officials to secure a contract for 12 VVIP helicopters from the British-Italian firm AgustaWestland. The CBI registered a First Information Report (FIR) in 2013, alleging corruption in the ₹3,600 crore deal. Allegations suggest that middlemen, including Michel, manipulated the helicopter specifications to favor AgustaWestland, and that approximately ₹200 crore in kickbacks were funneled to Indian influencers, including former Air Chief Marshal SP Tyagi. The ED's parallel money laundering case traces the illicit funds, with Michel accused of brokering bribes.

Michel was extradited from Dubai in December 2018 and has been in custody since then. The ED alleges that Michel received 30 million euros (approximately ₹225 crore) from AgustaWestland. The CBI alleges a loss of 398.21 million euros (approximately ₹2,666 crore) to the exchequer due to the deal.

During the hearing, Michel submitted a written statement affirming his commitment to participate in the remaining trial proceedings, even if released. His counsel argued that the ED and CBI investigations have been ongoing for 12 years, and his client has been in custody for nearly seven years, calling the situation a "mockery of justice". Michel's counsel, Aljo K Joseph, argued that the ED probe, ongoing for 12 years, has left his client's role unclarified despite seven years behind bars since his December 2018 arrests by CBI and ED.

CBI's senior prosecutor, DP Singh, opposed Michel's release, citing the risk of him fleeing the country, as he is a British national. While the Supreme Court and High Court had previously granted bail in both the CBI and ED cases, it was conditional on a ₹5 lakh bond and the surrender of his passport, conditions which Michel never fulfilled. Michel's passport has also expired while in custody. His lawyer pledged that he would fully engage in the trial if freed.

Speaking to the media outside the court, Michel expressed his satisfaction with the order, stating that he is "enjoying" the hearing and that there are "good judges". He also mentioned his intention to sort out his travel documents.

The court has listed the matter for further hearing on December 22, 2025.