The Punjab and Haryana High Court has ruled that anticipatory bail in corruption cases should be granted only in rare situations where the First Information Report (FIR) appears to be a result of political vendetta, false implication, or a clearly frivolous complaint.
Justice Manjari Nehru Kaul made this observation while rejecting the pre-arrest bail plea of Kewal Singh, a Patwari, who was accused along with Balkar Singh, Superintendent of the Panchayat Samiti Office, of demanding a bribe of ₹60,000 for issuing a favourable report in an official inquiry.
“It is well settled law, and reaffirmed by the Hon’ble Supreme Court in Devinder Kumar Bansal vs State of Punjab, that anticipatory bail in cases involving offences under the Corruption Act is to be granted only in the rarest of rare circumstances,”
- Justice Manjari Nehru Kaul
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The petitioner, Kewal Singh, argued through his counsel that he had been falsely implicated and the tainted money was not recovered from him, but from his co-accused. The defence also questioned the reliability of the evidence, claiming that the prosecution’s case was largely based on an unauthenticated audio recording.
It was also submitted that the inquiry report in question had already been submitted on March 29, 2024, before the alleged bribe demand, eliminating any reason for Kewal Singh to solicit a bribe.
However, the Court noted that the prosecution’s case was not solely based on an oral complaint. It was supported by documentary evidence, including an audio recording, legal trap proceedings, and the recovery of tainted notes from the co-accused. These factors formed a strong prima facie case against the petitioner.
“The gravity of these allegations reflects a serious abuse of official position and a breach of public trust,”
- Punjab & Haryana High Court
The judge further stated that determining the petitioner’s exact role required factual examination, which could not be done at the bail stage. She also clarified that submission of the inquiry report did not negate the possibility of earlier or later misconduct.
The Court emphasized that specific allegations were backed by initial evidence, and custodial interrogation was necessary due to the seriousness of the case and the public position held by the petitioner.
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“No such circumstances of false implication, political vendetta, or frivolity are made out in this case,”
- Justice Kaul stated while dismissing the petition
Ultimately, the High Court refused to grant anticipatory bail, stressing that such relief is extraordinary and must be exercised with utmost caution in corruption-related matters.
Case Title: Kewal Singh v. State of Punjab
