29 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Corruption >> Criminal Law  

An Assistant Audit Officer entangled in a Prevention of Corruption Act case has secured bail after spending four months behind bars. The officer, whose identity remains undisclosed, was arrested in February by the Anti-Corruption Bureau (ACB) on charges of bribery and misconduct.

The officer, who was not named in the order, was arrested under Sections 7, 13(1)(A), and 13(2) of the Prevention of Corruption Act (amended) 2018, which deal with bribery and misconduct by public servants.

The applicant's lawyer argued for bail considering the nature of the offense and the fact that the applicant had no prior criminal record. The prosecution opposed bail due to the seriousness of the charges.

The court noted that the maximum punishment for the alleged offenses is 10 years in prison and that the applicant had been in custody since February 27, 2024. The court also considered the recent Supreme Court ruling in Sanjay Chandra Vs. Central Bureau of Investigation (2012).

Bail was granted on a personal bond of Rs. 10,000 with one surety for the same amount. The applicant is subject to several conditions, including not tampering with evidence, surrendering their passport, and remaining in India. They will also be required to mark their presence at a designated police station for six months.

The order clarifies that the court's observations are not a predetermination of guilt and the trial court will decide the case based on the evidence presented.

  Prevention of Corruption Act, 1988