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Issues: Whether conditions imposed while granting bail or anticipatory bail can require the accused to deposit the alleged amount in dispute as a means of securing liberty, and what limits govern the imposition of bail conditions under the Code of Criminal Procedure, 1973.
Analysis: The statutory power to impose conditions under Section 437(3), Section 438(2), and Section 439(1) of the Code of Criminal Procedure, 1973 is intended to secure attendance, prevent misuse of liberty, prevent interference with investigation, and safeguard the interests of justice. Such power must be exercised judicially and the conditions must be reasonable, just, and suited to the facts of the case. A condition whose real object is recovery of the alleged amount is not the proper purpose of a bail condition. At the same time, where an accused voluntarily offers to deposit money and the court acts on that undertaking, the principle of estoppel may operate against resiling from the promise, provided the condition itself is otherwise lawful and reasonable.
Conclusion: It is not permissible to impose bail conditions whose object is to recover the alleged amount, but reasonable and judicious conditions may be imposed to secure the purposes recognised by the Code. The reference was answered accordingly, with the matter left for disposal by the learned Single Judge.
Final Conclusion: The governing rule is that bail conditions cannot be used as a device to recover disputed money, though the court retains discretion to impose lawful and reasonable conditions connected with the purposes of bail.
Ratio Decidendi: Conditions attached to bail or anticipatory bail must serve the statutory purposes of securing attendance, preventing misuse of liberty, and advancing justice; they cannot be framed to effect recovery of the alleged liability.