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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
| Table of Content |
|---|
| 1. filing for anticipatory bail under corruption charges (Para 1) |
| 2. petitioner's false implication and lack of evidence (Para 2 , 3 , 4) |
| 3. analysis of prosecution's evidence against the petitioner (Para 5 , 6 , 7 , 8) |
| 4. standards for granting anticipatory bail in corruption cases (Para 9 , 10) |
| 5. conclusion denying anticipatory bail (Para 11 , 12 , 13) |
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-a
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.
The court grants anticipatory bail under specified conditions, citing lack of opposition from prosecution and need for cooperation in ongoing investigations.
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