Supreme Court Rejects Rs. 10 Lakh Deposit Condition for Anticipatory Bail in 498A Case
The Supreme Court recently ruled that requiring an accused to deposit Rs. 10 Lakhs as interim victim compensation to avail pre-arrest bail is unjustifiable. The case was heard by a bench of Justices Ajay Rastogi and C.T. Ravikumar, who allowed the appeal filed by the husband, setting aside the Jharkhand High Court’s earlier order.
Background of the Case
The appellant, a husband, sought pre-arrest bail after his wife filed a criminal complaint against him. The complaint was later converted into an FIR under Sections 498A (cruelty by husband or relatives), 120B (criminal conspiracy), 323 (voluntarily causing hurt), and 324 (causing hurt with dangerous weapons) of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act.
The High Court had granted the husband anticipatory bail but with the condition that he deposit Rs. 10 Lakhs as interim compensation for the wife.
Supreme Court’s Ruling
The Supreme Court reviewed the case and found no justification for imposing such a condition for granting pre-arrest bail. The Court stated:
“We find no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs. 10 Lakhs to avail the benefit of pre-arrest bail. The appeal stands allowed, and the order passed by the High Court is hereby set aside.”
With this decision, the bench allowed the husband’s appeal, removing the financial condition tied to his anticipatory bail.
Case Title
Ravikant Srivastava v. The State of Jharkhand & Anr.
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