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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
UTKARSH THAKORBHAI DESAI
Shailesh K. Chauhan – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. importance of balancing accused's liberty with public justice. (Para 1) |
| 2. circumstances of the applicant's case and claims of innocence. (Para 2 , 3) |
| 3. arguments for and against the anticipatory bail application. (Para 4 , 5 , 6) |
| 4. evidence presented against the applicant's involvement in the bribery. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. rejection of anticipatory bail based on established involvement. (Para 16) |
ORDER :
UTKARSH THAKORBHAI DESAI, J.
1. The Hon'ble Apex Court in the judgment of Devender Kumar Bansal Vs State of Punjab reported in 2025 (4) SCC 493, in paragraph nos. 23, 24, 25 and 26 has observed thus :-
"23. The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused's liberty can, sometimes, defeat the cause of public justice.
24. If liberty is to be denied to an accused to ensure corruption free society, then the courts should
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
(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 ....
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 ....
Custodial interrogation is essential in corruption cases even if the accused was not present during the act, as liability can extend through intermediaries.
The court grants anticipatory bail under specified conditions, citing lack of opposition from prosecution and need for cooperation in ongoing investigations.
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.
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