The Supreme Court recently set aside a bail condition imposed by the Allahabad High Court directing an accused to deposit Rs 9 lakh to court.
In the instant case, one Kailash was booked u.s 420, 467, 468 and 471 of IPC.
The accused filed a bail application before the Allahabad High Court in 2017 which was allowed but on the condition that the accused should deposit Rs 9 lakh with the court which would be ultimately given to the person who suffered loss because of the accused.
However, the accused was unable to fulfill the condition for grant of bail and the High Court also rejected the accused’s application seeking modification/recall of the constio.
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When the matter reached the Supreme Court, the Bench of Justice Surya Kant and V Ramasubramanium remarked that the precondition of deposit of Rs 9 lakhs imposed by the High Court on accused for grant of regular bail is totally unwarranted and uncalled for due to peculiar facts and circumstances of the case.
Accordingly, the court set aside and directed that the accused be released on bail by furnishing bail bonds to satisfaction of trial court.
Title: Kailash versus State of UP and Anr
SLP No. 6604 – 6606