The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.

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 not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge-sheet is filed, the court may consider to accused of grant regular bail to a public servant indulging in corruption.

25. 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.

26. If even a fraction of what was the vox pupuli about the magnitude of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity. undeniably it is corruption. If the society in a developing country faces a menace greater than even the one from the hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties."

2. This Court, in the light of the aforestated observations of the Hon'ble Apex Court, shall now proceed to decide the anticipatory bail application preferred by the applicant herein, who is apprehending arrest at the hands of ACB Police Station, Rajkot City in connection with the FIR, which came to be registered on 30.01.2026 vide part A of the C.R. No.11194019260002 of 2026 for the offences punishable under Sections 7 , 12, 13(1) and 13(2) of the Prevention of Corruption (Amendment) Act, 2018.

3. The applicant by way of this application has stated that, he is innocent and has been falsely arraigned as accused. The FIR does not attribute any specific role, overt act or his participation in the alleged offence. In the affidavit of the Investigating Officer itself, it is mentioned that, the conversation between the complainant and the accused no. 1 namely Ravikumar Sureshkumar Jangid, the complainant has stated that, the applicant is his enemy and hence, the applican