Reasonable bail conditions govern default bail; excessive security requirements were modified to preserve release pending trial.

Conditions attached to default bail under Section 167(2) CrPC must remain reasonable and cannot be so burdensome that they effectively defeat release. The Allahabad HC found that the bank guarantee, cash or cheque deposit, and substantial surety requirements imposed below were excessive and made compliance practically impossible in light of the allegations and surrounding circumstances. The impugned conditions were therefore modified, the default bail order was preserved, and the remaining terms were kept operative with a substituted restraint condition to balance release and trial pendency.

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Issues: Whether the conditions imposed while granting default bail were so onerous as to amount to denial of bail and whether those conditions required modification.

Analysis: The applicant was granted default bail under Section 167(2) of the Code of Criminal Procedure, 1973, but the court below imposed a bank guarantee, a cash or cheque deposit, and substantial surety conditions. In view of the nature of the allegations and the overall circumstances, the imposed conditions were found to be excessive and inconsistent with the spirit of a bail order because they made release on bail practically impossible. The court therefore held that the conditions needed to be scaled down and suitably modified while keeping the remaining terms operative.

Conclusion: The impugned bail conditions were held to be onerous and were modified; the application was allowed in favour of the applicant.

Final Conclusion: The default bail order was preserved, but the monetary and security conditions were reduced and one additional restraint condition was substituted to balance release on bail with the pendency of trial.

Ratio Decidendi: Bail conditions must be reasonable and cannot be so burdensome that they effectively defeat the grant of bail.

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