Supreme Court Rejects Rs. 10 Lakh Deposit Condition for Anticipatory Bail in 498A Case
The Supreme Court recently ruled that requiring an accused to submit a Demand Draft of Rs. 10 lakhs as a condition for pre-arrest bail is not justifiable. The bench, comprising Justices Ajay Rastogi and C.T. Ravikumar, addressed an appeal by a husband challenging a Jharkhand High Court order.
The case involves an appellant-husband who sought to dissolve his marriage. In response, his wife filed a criminal complaint which was later converted into an FIR under Section 498A, 120B, 323, 324 IPC, along with Section 3/4 of the Dowry Prohibition Act. Given the non-cognizable nature of the offence, the husband applied for pre-arrest bail.
The Jharkhand High Court had directed the appellant to deposit Rs. 10 lakhs as ad-interim victim compensation to obtain pre-arrest bail. However, the Supreme Court found this condition unreasonable.
After hearing arguments from both parties, the Supreme 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 in availing the benefit of pre-arrest bail. The appeal stands allowed, and the order passed by the High Court directing the appellant to deposit a Demand Draft of Rs. 10 lakhs is hereby set aside.”
In conclusion, the Supreme Court ruled in favor of the appellant, Ravikant Srivastava, allowing him to seek pre-arrest bail without the condition of depositing Rs. 10 lakhs.
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