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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Kewal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANJARI NEHRU KAUL, J. (ORAL)
1. Prayer in this petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner in case FIR No.13, dated 05.05.2025, under Section 7 of Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Flying Squad-1, District SAS Nagar.
2. Learned counsel for the petitioner has strenuously contended that the petitioner has been falsely implicated in the present FIR (Annexure P-1), which pertains to allegations of demanding a bribe of Rs.60,000/- in collusion with the co-accused, Balkar Singh, purportedly as illegal gratification for providing a favourable inquiry report concerning the complainant. It is submitted that the alleged recovery of the tainted money was effected not from the petitioner but solely at the instance of the co-accused, Balkar Singh, Superintendent, Panchayat Samiti Office, Amloh.
3. Drawing attention to FIR (Annexure P-1), learned counsel has emphasised that the case of the prosecution is primarily built upon an unauthenticated audio recording, which, in his submission, does not attract the ingredients of the offence under Section 7 of the PC Act against the petitioner. It i
Anticipatory bail under the Prevention of Corruption Act requires clear evidence of false implication or rarity of circumstances, which were not present in this case.
Anticipatory bail cannot be denied on grounds of non-cooperation in investigation if it equates to self-incrimination, which is protected under Article 20(3) of the Constitution.
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
Jurisdiction for anticipatory bail in corruption cases lies with the High Court, not with the Special Judge under the Prevention of Corruption Act.
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient.
Bail granted due to insufficient evidence against petitioner, long custody, and principle of parity established by co-accused being granted bail.
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient against the need for public justice.
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.
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