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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Abhsihek – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER
1. They are heard. Perused the case-diary.
2. This is the applicant's first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/ Section 438 of CRIMINAL PROCEDURE CODE , 1973 for grant of anticipatory bail, who happens to be an Narcotic Inspector, Central Bureau of Narcotics, Mandsaur, as he is apprehending his arrest in connection with Crime No.RC0082024A0007/24 registered at Police Station CBI, ACB, Bhopal, District Bhopal for offences punishable under Section 61 (2) of BNS read with Section 7 of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as Act of 1988).
3. The allegations against the applicant is that he was involved in the aforesaid case wherein bribe of Rs.1,20,000/- was demanded from the complainant Badrilal, on the pretext of granting him opium licence, however, the bribe of Rs.1,10,000/- was received on behalf of the applicant by co-accused Kantu kumar and Ram Niwas.
4. Counsel for the applicant has submitted that apparently, the applicant was not present on the spot and amount has also not been recovered from the present applicant as he has been falsely implicated in the case as he has no power to grant the opium licenc
Custodial interrogation is essential in corruption cases even if the accused was not present during the act, as liability can extend through intermediaries.
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
(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 ....
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 must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
Anticipatory bail is granted under specific conditions when custodial interrogation is deemed unnecessary following a completed investigation.
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