The Supreme Court expressed strong displeasure over a Patna High Court bail order directing that the accused be released only if the victim stands as a surety for his release. Apex Court said it was “very unfortunate” that the accused, who was ordered to be released in July 2023, was still languishing in jail due to the such an “absurd condition”.
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NEW DELHI: The Supreme Court expressed strong disapproval of a bail order from the Patna High Court, which directed that the accused be released only if the victim stood as a surety for his release.
The bench, consisting of Justice JB Pardiwala and Justice Ujjal Bhuyan, labeled the condition as “very unfortunate” and “absurd,” noting that the accused, ordered to be released in July 2023, remained in jail due to this impractical stipulation.
The Supreme Court intervened, staying the bail condition and ordering the immediate release of the accused. The top court directed,
“The petitioner is ordered to be released on bail subject to the terms and conditions that the trial court may deem fit to impose.”
The case came to the Supreme Court as an appeal against the Patna High Court’s refusal to modify the initial bail condition.
The accused had initially moved the High Court for bail in relation to a First Information Report (FIR) registered in January 2023. The FIR pertained to an offence under Section 366(A) (procuration of minor girl) read with Section 34 (common intention) of the Indian Penal Code (IPC).
On July 25, 2023, the High Court had ordered the release of the accused but stipulated that the victim must act as the surety. Recognizing the impracticality of this condition, the accused sought its modification. However, on January 12, the High Court rejected the modification application, prompting the accused to approach the Supreme Court.
The apex court, upon hearing the appeal, set aside the High Court’s order. Advocates Vikas Gupta, Mukesh Kumar Verma, Vivek Gupta, Yadunanda Bansal, and Neeraj Srivastava represented the accused in the case.
The Supreme Court’s decision underscores the importance of practical and fair bail conditions, ensuring that accused individuals are not unduly kept in custody due to unreasonable judicial orders.
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