Supreme Court Strikes Down Delhi HC's “Strange” Bail Condition That Accused Must Arrange Accommodation & Reside In Delhi During Trial

The Supreme Court on Monday (October 21) struck down a bail condition imposed by the Delhi High Court in a murder case that required the accused to arrange accommodation in Delhi and reside there during the trial.

A bench of Justice Abhay Oka and Justice Augustine George Masih, while dealing with an SLP filed by the accused against the bail conditions, found this condition to be “strange” and observed –

“The High Court has recorded a finding that the appellant is entitled to be enlarged on bail. However High Court has imposed the strange condition of directing the appellant to arrange an accommodation in Delhi and reside in Delhi till the conclusion of trial. Such a condition cannot be said to be a condition of bail.”

The Supreme Court ordered that this particular condition, along with two other associated restrictions, be removed. The other conditions that were set aside included prohibitions on the appellant leaving Delhi without the trial court's permission and the requirement to report to the local police station in Delhi three times a week.

The Supreme Court allowed the appeal in part, setting aside conditions numbered ii, iv, and v of the Delhi High Court's bail order. The Court further directed that a new condition be imposed requiring the appellant to report to the local police station on the 1st and 15th of every month between 10 a.m. and 11 a.m. for the duration of the trial.

Background

The appellant is facing charges under Sections 302, 201, 120B & 34 IPC read with Section 27 of the Arms Act for allegedly conspiring in the murder of deceased Sanjeev Kumar, who was declared dead at the hospital with gunshot injuries.

The prosecution has alleged that the wife of the deceased along with his first wife and daughter hired a contract killer through the appellant to kill the deceased and obtain his properties.

The Delhi High Court granted bail to the appellant but imposed conditions including the requirement to reside in Delhi during the trial, provide an address, and report frequently to the police station, which were challenged in the present SLP before the Supreme Court.

Case no. – SLP(Crl) No. 13803/2024

Case Title – Akbal Ansari v. State (NCT of Delhi)

Citation : 2024 LiveLaw (SC) 829

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