The Supreme Court recently ruled that a condition imposed by the Jharkhand High Court requiring a man to deposit Rs. 10 lakhs for ad-interim victim compensation as a prerequisite for pre-arrest bail is unjustified. The case involved a husband’s appeal against the High Court’s order in a dowry-related case filed by his wife.
The bench, consisting of Justices Ajay Rastogi and C.T. Ravikumar, heard the appeal and found no legal basis for requiring such a deposit to grant anticipatory bail. The court emphasized that pre-arrest bail should not be contingent upon financial compensation. The High Court’s order was subsequently set aside.
The case stemmed from a complaint filed by the wife under Section 498A of the Indian Penal Code (IPC), along with charges under the Dowry Prohibition Act. The husband had earlier filed for the dissolution of their marriage. In response, the wife filed a criminal complaint, which was converted into an FIR.
After hearing both parties, the Supreme Court found that there was no reasonable justification for the High Court’s condition and allowed the husband’s appeal.
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