Corruption in Uniform: P&H High Court Denies Anticipatory Bail to Constable in ₹27 Lakh Bribery Conspiracy
Case Name: Dushyant v. State of Haryana
Date of Judgment: 16 April 2026
Citation: CRM-M-17674-2026
Bench: Hon’ble Mr. Justice Jasjit Singh Bedi
Held: The Punjab & Haryana High Court held that anticipatory bail cannot be granted where a prima facie case of corruption and conspiracy is established. The Court reiterated that absence of need for custodial interrogation alone is not a ground for granting anticipatory bail; the nature of allegations and material on record must be given primacy.
Summary: The petitioner, a police constable, sought anticipatory bail in a corruption case arising from an SIT investigation into a fake ghee racket. The allegations involved a coordinated conspiracy among police officials to extort large sums of money from accused persons by manipulating investigation records and threatening them.
The prosecution case was based on statements of witnesses, including one recorded under Section 183 BNSS before a Magistrate, which specifically implicated the petitioner in the demand and acceptance of bribe. The investigation further relied on call detail records and location data placing the petitioner at the scene where the illegal gratification was allegedly exchanged.
The petitioner argued that he was merely a constable acting under the directions of senior officers and had no independent role in the alleged corruption. He also questioned the evidentiary value of statements made by co-accused or interested witnesses.
Rejecting these arguments, the Court observed that even a subordinate official can be held liable if material on record shows active participation in the offence. It noted that the petitioner was part of the police team involved in interception, handling of accused persons, and alleged extortion activities.
The Court placed significant reliance on the statement recorded before the Magistrate and corroborative electronic evidence, holding that these could not be brushed aside at the bail stage. It further emphasized that serious allegations involving corruption within law enforcement require thorough investigation, often necessitating custodial interrogation.
Decision: The High Court dismissed the anticipatory bail petition, holding that a prima facie case was made out and custodial interrogation was necessary for effective investigation. It clarified that observations were limited to the bail stage and would not influence the trial on merits.