On Monday, October 21, the Supreme Court struck down a bail condition set by the Delhi High Court in a murder case, which required the accused to secure accommodation in Delhi and remain there throughout the trial.

The Appellant is charged under Sections 302, 201, 120B, and 34 of the Indian Penal Code (IPC), along with Section 27 of the Arms Act, for allegedly conspiring in the murder of Sanjeev Kumar, who was pronounced dead at the hospital due to gunshot wounds. The prosecution claims that the deceased's wife, along with his first wife and daughter, hired a contract killer through the appellant to murder him and acquire his properties. The Delhi High Court granted bail to the appellant but imposed certain conditions. These conditions were challenged in the current Special Leave Petition (SLP) before the Supreme Court.

A bench comprising Justice Abhay Oka and Justice Augustine George Masih, while considering the SLP filed by the accused challenging the bail conditions, found one of the conditions to be "strange." The Supreme Court ordered the removal of this condition, along with two other related restrictions. 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. Following were the conditions set by the High Court:

i. The Petitioner shall furnish a security in the sum of Rs. 1,00,000/- with two sureties in the like amount to the satisfaction of the Trial Court. 

ii. The Petitioner is directed to arrange an accommodation in Delhi where he will reside and give address to the Trial Court and to the I.O. The Trial Court is directed to verify the said address before, according to its satisfaction. The Petitioner is directed not to change the said address without informing the Investigating Officer. 

iii. The Petitioner is directed to provide all the mobile numbers to the I.O. and keep them operational at all times.

 iv. The Petitioner shall not leave the city of Delhi without the permission of the Trial Court. 

v. The Petitioner is directed to report to the concerned Police Station thrice a week, i.e., every Monday, Wednesday, and Friday at 10:00 a.m., and he shall be released by 11:00 AM after completing all the formalities. 

vi. The Petitioner is directed not to tamper with the evidence or influence any witnesses. 

vii. The Petitioner is directed to appear before the Trial Court on all dates of hearings without fail.

 viii. Violation of any of the aforesaid conditions shall lead to cancellation of bail granted by this Court.

Thus, after all the considerations, the Supreme Court partially granted the appeal, while setting aside condition Nos. (ii), (iv), and (v) of the Delhi High Court's Bail Order. Additionally, the court imposed a new condition: the Appellant must report to the local Police Station on the 1st and 15th day of every calendar month between 10:00 a.m. and 11:00 a.m.

Case Title: Akbal Ansari v. State (NCT of Delhi), Cri. Appeal/4286/2024

Advocates for Petitioner(s): AOR Vishwa Pal Singh, Adv. M.L. Yadav & Ors.

Advocates for Respondent(s): AOR Mukesh Kumar Maroria, ASG Rajkumar Thakare & Ors.