Bail conditions must be reasonable and purposive; an onerous cash deposit requirement cannot be imposed as a prerequisite to release.

Sections 437(3) and 438(2) of the Code permit bail conditions, but only where they are reasonable and directed to securing attendance, preventing misuse of liberty, or serving the interests of justice. Sections 440, 441 and 445 further indicate that bond requirements must not be excessive and that cash deposit is contemplated only in limited cases in lieu of a bond. A cash deposit condition that is unduly burdensome, unrelated to fair investigation or trial, or effectively negates bail is impermissible; the challenged cash deposit requirement was therefore held invalid and removed, with release ordered on bond and sureties.

---

---

Issues: Whether a condition requiring deposit of Rs. 5 lakhs in cash as a prerequisite for release on bail was valid in law.

Analysis: Sections 437(3) and 438(2) of the Code of Criminal Procedure, 1973 permit conditions on bail, but those conditions must be reasonable and directed to securing the accused's attendance, preventing misuse of liberty, or otherwise serving the interests of justice. Sections 440, 441 and 445 of the Code further show that bond amounts must not be excessive and that cash deposit is contemplated only in limited circumstances in lieu of executing a bond. A condition that is excessively burdensome, unrelated to the fairness of investigation or trial, or effectively defeats the grant of bail is impermissible. On the facts, the cash deposit condition was found to be financially oppressive and beyond the permissible scope of bail conditions.

Conclusion: The cash deposit condition was invalid and was set aside in favour of the petitioner.

Final Conclusion: The bail order was modified by removing the cash deposit requirement, and release was directed on execution of a bond with sureties.

Ratio Decidendi: A bail condition must be reasonable and purposive, and a cash deposit requirement that is unduly onerous or unrelated to securing attendance or a fair trial cannot be imposed as a condition precedent to bail.

---