Principles clarified re cases in which money allegedly misappropriated should be directed to be deposited before the application for anticipatory bail/bail is taken up for final consideration, or as a condition for grant of anticipatory bail/bail.

Case Comment:

  • Inclusion of a condition for payment of money by the applicant for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated. That is really not the purpose and intent of the provisions for grant of bail.
  • Willingness of accused to deposit money as bail condition must be considered only in cases involving public money; not in private cases.
  • the High Court fell in grave error in proceeding on the basis of the undertaking of the accused and imposing payment of Rs.22,00,000/- (Rupees twenty-two lakh) as a condition precedent for grant of bail
  • the High Court ought to have realized that having regard to the nature of dispute between the parties, which is predominantly civil in nature, the process of criminal law cannot be pressed into service for settling a civil dispute.

[Ramesh Kumar v. State (NCT of Delhi), (2023) 7 SCC 461]

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