MANOJ DUBEY Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, at the instance of the petitioner before the High Court, is directed against a part of the judgment and order dtd. 16/3/2020 of the High Court. While allowing an application under Sec. 438 of the Code of Criminal Procedure, 1973 preferred by the appellant, the High Court imposed several conditions for the appellant to comply with, in order to be entitled to enjoy the benefit of the order releasing him on bail. The appellant is aggrieved by one such condition which reads as follows: -

(3.) Having heard learned counsel appearing for the parties, we are of the view that imposition of such a condition is wholly unjustified and cannot be sustained in view of the decisions of this Court in Ramesh Kumar vs. the State of NCT of Delhi,(2023) 7 SCC 461 and Dilip Singh vs. State of Madhya Pradesh and Anr,(2021) 2 SCC 779 and other decisions referred to therein. The High Court erred in not bearing in mind that in the context of grant of bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/court, unhindered completion of investigation/trial and safety of the community assume relevance and not any condition which is onerous or unreasonable or excessive.