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Issues: Whether a condition requiring deposit of Rs. 1,00,00,000/- in fixed deposit in favour of the complainant can be imposed as a condition precedent for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
Analysis: Section 438 permits the Court to impose conditions while granting anticipatory bail, but such conditions must be reasonable and must bear a nexus to the fairness of investigation or trial. The provision is concerned with personal liberty, and unnecessary or oppressive restrictions cannot be read into it. Conditions that operate as recovery of the alleged amount, or that make the grant of bail illusory, are impermissible. The Court held that the impugned condition was not connected with securing investigation and was excessively burdensome, thereby trenching upon the applicant's liberty under Article 21 of the Constitution of India. The Court also distinguished permissible conditions aimed at ensuring availability for interrogation, preventing inducement or threat to witnesses, and regulating travel.
Conclusion: The condition directing deposit of Rs. 1,00,00,000/- in fixed deposit was set aside as onerous and unreasonable, and the anticipatory bail was retained subject to revised conditions.
Ratio Decidendi: Conditions attached to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 must be reasonable, must have a nexus with investigation or trial, and cannot be so onerous as to defeat personal liberty or convert bail into recovery of the alleged loss.
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