Onerous bail conditions cannot make relief illusory; Delhi High Court granted bail and rejected a heavy deposit requirement.

An onerous monetary condition that makes bail illusory is impermissible in law, particularly in an application under Section 439 CrPC in a Customs Act prosecution. The High Court found that a bail order requiring deposit of a very large sum effectively defeated the grant of bail and could not be sustained. On the facts, the petitioner was found prima facie entitled to bail, and the petitioner's willingness to make a limited deposit without prejudice to rights and contentions was noted. Bail was granted, and the Sessions Court's onerous monetary condition was not accepted.

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Issues: Whether bail could be granted where the lower court had imposed an onerous monetary condition that made the grant of bail illusory.

Analysis: The application was under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution concerning alleged offences under the Customs Act, 1962. The earlier bail order had imposed a condition to deposit a very large sum, and such a condition was held to be impermissible in law because it effectively defeated the grant of bail. On the facts, the Court found the petitioner prima facie entitled to bail, also noting the petitioner's willingness to make a limited deposit without prejudice to his rights and contentions.

Conclusion: Bail was granted to the petitioner, and the onerous monetary condition imposed by the Sessions Court was not accepted.

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