The Supreme Court recently granted regular bail to a public servant under the Prevention of Corruption Act, 1988, after it found that, despite the case being registered in 2025, sanction was not granted to prosecute him.

To briefly state, a first information report was lodged against the appellant under Section 7 of the Prevention of Corruption Act. He was arrested on December 9, 2025, and the Allahabad High Court rejected his regular bail plea on March 20. This was challenged before the Supreme Court.

Before a bench comprising Justice Dipankar Datta and Justice Sheel Nagu, Senior Advocate Siddharth Dave(for the appellant) pointed out that the chargesheet was filed on February 7 and the prosecution intends to examine 19 witnesses. However, a sanction by the State government, which is required for cases against a public servant, is yet to be granted. Therefore, the Trial Court can't take cognisance till then.

The bench had enquired with the Uttar Pradesh counsel as to whether sanction has been granted or not. With no response, the Court expressed surprise at the fact that the sanctioning authority is yet to activate itself.

Deeming it fit for a case to grant bail, it said: "We proceed on the basis that sanction is yet to be granted. The charge-sheet having been filed as far back as on 07th February, 2026, we are surprised that the sanctioning authority is yet to activate itself. The delay in grant of sanction to prosecute cannot be used to the disadvantage of a citizen for curtailing his liberty."

The bench also imposed necessary bail conditions, including that he must attend all proceedings diligently. Further, it clarified that the observations made in the order are limited to the grant of bail.

Case Details: RAVINDER MEHTA v STATE OF UTTAR PRADESH|SLP(Crl.) No.9005/2026]

Citation : 2026 LiveLaw (SC) 710

Click Here To Read Order