Anticipatory bail is not a matter of right and can only be granted in exceptional circumstances, with mere solicitation of a bribe constituting an offence under the Prevention of Corruption Act.

ORDER :

1. Exemption Applications are allowed.

2. The High Court has denied anticipatory bail to the petitioner in connection with First Information Report No. l dated 08.01.2025 registered with the Vigilance Bureau, Police Station, Patiala for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. It appears from the materials on record that the petitioner – herein is serving as Audit Inspector with the Government.

4. He is alleged to have demanded illegal gratification in connection with conducting of audit pertaining to development work undertaken during the tenure of the wife of the complainant as Sarpanch of the Gram Panchayat. It is further alleged that the co-accused by name Prithvi Singh actually collected the bribe amount for and on behalf of the petitioner – herein for the complainant.

5. Apprehending his arrest in connection with the offence, referred to above, the petitioner prayed for anticipatory bail which the High Court declined.

6. In such circumstances, referred to above, the petitioner is here before us with the present petition.

7. We heard Ms. Sanya Kaushal, the learned counsel appearing for the petitioner and also looked into the materials on record. The learned counsel made a gallant effort to persuade us to exercise our discretion in favour of the petitioner, however, we had to convey to her with all humility at our command that she has come before us with a very weak matter.

8. The High Court in its impugned order, more particularly Para 5 has observed thus:-

“On being put to notice on the previous date of hearing, learned State counsel assisted by learned counsel for the complainant has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. It is submitted that co-accused Prithvi Singh was apprehended red handed while accepting the bribe and admitted that the amount was received on behalf of the petitioner. Furthermore, there was an audio recording dated 08.01.2025, which further corroborates the demand made by the petitioner. It has been argued that in the said recording, the petitioner is clearly audible confirming with co-accused Prithvi Singh whether the bribe was received in cash and further instructing him to transfer the amount to a third party, namely Naresh.”

9. Section 7 of the Act, 1988 reads as under:

“7. Public servant taking gratification other than legal remuneration in respect of an official act

Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.

Explanations. (a) "Expecting to be a public servant." If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating but he is not guilty of the offence defined in this section.

(b) "Gratification". The word "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money.

(c) "Legal remuneration". The words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitte