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Supreme Court on Onerous Bail Conditions: Safeguarding Article 21 Against Financial Barriers

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The Supreme Court has ruled that imposing heavy cash deposits as a condition for anticipatory bail is unconstitutional as it undermines the right to personal liberty. The bench emphasized that bail conditions must be reasonable and should not discriminate against those with limited financial means.

The Supreme Court of India recently reinforced the sanctity of personal liberty by setting aside a High Court order that mandated a significant cash deposit as a prerequisite for granting anticipatory bail. The apex court observed that such 'onerous' conditions effectively render the fundamental right under Article 21 illusory, particularly for individuals from marginalized socio-economic backgrounds. The bench emphasized that while courts have the discretion to impose conditions under Section 438 of the Code of Criminal Procedure (now replaced by the Bharatiya Nagarik Suraksha Sanhita), this discretion is not absolute. Conditions must be 'reasonable' and 'proportionate' to the objectives of the bail, which are primarily to ensure the accused's presence during the trial and prevent the tampering of evidence. Imposing a heavy financial burden transforms a protective legal provision into a punitive measure even before a trial commences.

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