Grant of Regular Bail in Corruption Case Following Examination of Material Witnesses and Prolonged Incarceration

The applicant, a Field Officer at the State Bank of India (SBI), Sidhi Branch, was arrested on October 12, 2025, for allegedly demanding illegal gratification to facilitate a loan for the complainant.

A trap was organized by the Special Police Establishment, leading to the recovery of phenolphthalein-smeared currency from the applicant's pocket.

Following three previous bail applications that were either dismissed or withdrawn with liberty, the applicant filed this fourth application for regular bail.

The applicant contended that five material prosecution witnesses have already been examined and the loan in question has been duly disbursed.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the stage of trial and the nature of the evidence.

2. Whether there exists a reasonable apprehension of the applicant tampering with remaining evidence or influencing departmental witnesses if released.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.), which governs the power of the High Court to grant bail.

Section 7 of the Prevention of Corruption Act regarding the offence of public servants taking gratification other than legal remuneration.

Balancing the "gravity of the alleged offence" against the right to liberty, the socio-economic status of the accused, and the principle that jail incarceration should not cause undue hardship during a prolonged trial.

The court noted that while the CBI presented strong evidence of demand and acceptance through voice recordings and recovery of tainted notes, several material witnesses (PW-1 to PW-5) have already been examined, significantly reducing the risk of witness tampering.

The court observed that the applicant has no criminal antecedents, has clean family roots, and being 32 years old, has family responsibilities.

It reasoned that since the investigation is complete and the trial is at a progressive stage, there is no compelling reason to continue incarceration.

The court found the applicant’s contention—that he cannot influence the remaining departmental or police witnesses—to have prima facie merit.

The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 50,000/- with one surety, subject to specific conditions including regular attendance at hearings and compliance with Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023.