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2024 (3) TMI 1410 - SC - Indian LawsSeeking grant of anticipatory bail - allegations against the appellant primarily relates to taking a bribe to sign the proposal to enhance the cost estimate for upgrading a building of the Municipal Corporation Sonepat to a green building - HELD THAT - The behaviour attributed to the appellant cannot be treated to be instances of non-cooperation justifying dismissal of his appeal for pre-arrest bail. An accused while joining investigation as a condition for remaining enlarged on bail is not expected to make self-incriminating statements under the threat that the State shall seek withdrawal of such interim protection. There are no reason for custodial interrogation of the appellant. There is no aggravating factor either which would justify his detention at the investigation stage. Appellant shall be released on bail on such terms and conditions the Trial Court may consider fit and proper - appeal allowed.
The Supreme Court of India granted leave and allowed the appeal of a Junior Engineer accused of taking a bribe related to a building project. The Court found that there was no justification for custodial interrogation at the investigation stage and directed that the appellant be released on bail in connection with the case. The appellant was also instructed to cooperate with the investigating officer during the investigation period.
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