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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Devender Kumar – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
GIRISH KATHPALIA, J.
“Avarice is a common frailty of mankind and Robert Walpole’s famous pronouncement that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned:“Among a people generally corrupt, liberty cannot last long.” In more recent years, Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the spheres of our day-to-day life, all the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or wrongs of a case but by the prospects of monetary gains or other selfish considerations.”
1. The accused/applicant, posted as Head Constable in Delhi Police, seeks anticipatory bail in case FIR No.04/2025 of PS Vigilance for offence under Section, 7 Prevention of Corruption Act and 61(2), Bharatiya Nagarik Sanhita (BNS). Reply/status report was filed on behalf of respondent, strongly opposing the anticipatory bail application.
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
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.
Anticipatory bail may be granted in exceptional circumstances in corruption cases, where direct evidence against the accused is lacking, and conditions can mitigate prosecution concerns.
Custodial interrogation is essential in corruption cases even if the accused was not present during the act, as liability can extend through intermediaries.
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