Default bail conditions must be reasonable; onerous surety terms cannot defeat statutory release and personal liberty.

Default bail is a statutory safeguard connected to personal liberty under Article 21, so any conditions attached to release must be reasonable and not so onerous as to defeat the right itself. Exorbitant surety amounts or similar financial requirements may convert bail into continued incarceration, which is inconsistent with the object of default bail and the protective scheme of the BNSS. Such stringent financial and other burdensome conditions are impermissible, and default bail should be granted on reasonable terms, preferably on a personal bond where appropriate.

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Issues: Whether stringent financial and other onerous conditions can be imposed while granting default bail under Section 167(2) of the Code of Criminal Procedure, 1973, and bail under Section 187(3) and Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Analysis: Default bail is a statutory safeguard rooted in personal liberty under Article 21 of the Constitution of India. Bail conditions must be reasonable and cannot be so burdensome that they effectively deny release. Exorbitant surety amounts and similar financial prerequisites may convert bail into continued incarceration, which defeats the object of default bail and the protective scheme of the BNSS. The conditions imposed below were found to be disproportionate to the purpose of securing appearance at trial.

Conclusion: Such stringent financial and onerous conditions are impermissible, and default bail must be granted on reasonable conditions, preferably on personal bond where appropriate.

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