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Supreme Court of India 2023-04-17 allowed

Rupesh Balwantbhai Brambhatt vs Santosh Karnani & Anr

Bench: 2 — Surya Kant, J.K. Maheshwari

In Brief

A senior Income Tax officer was accused of demanding and accepting Rs. 30 lakhs in bribes from a businessman. The bribe was recorded by the businessman and deposited through an intermediary, which the officer acknowledged via WhatsApp. When ACB officers arrived to arrest him, he evaded them and destroyed evidence. The High Court granted him anticipatory bail, doubting whether he had actually accepted the bribe. The Supreme Court held that corruption poses a serious societal threat and must be dealt with firmly. The Court found prima facie evidence through the voice recordings, acknowledgment of payment, and suspicious conduct. It set aside the anticipatory bail and held that while courts must balance individual liberty with fair investigation, grave allegations with material supporting evidence warrant refusing bail.

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Criminal Procedure Bail and Bail Law Prevention of Corruption Public Service Evidence Bribery Judicial Discretion Constitutional Law

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