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2024 Supreme(SC) 608

DIPANKAR DATTA, N. KOTISWAR SINGH
U. N. Gupta @ Udhav Narayan Gupta – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shantanu Sagar, AOR, Mr. Prabhat Ranjan Raj, Adv., Mr. Anil Kumar, Adv., Mr. Gunjesh Ranjan, Adv., Mr. Vaibhav Jain, Adv., Mr. Manoneet Dwivedi, Adv.
For the Respondent: Mr. Azmat Hayat Amanullah, AOR, Ms. Neha Buttan, Adv., Ms. Rebecca Mishra, Adv., Ms. Nitya Sharma, Adv., Mr. Ashish Kumar Patel, Adv., Ms. Khushboo Takyar, Adv., Mr. Siddharth Bhardwaj, Adv., Ms. Yukta Garg, Adv., Mr. Ravish Kumar Sinha, Adv., Mr. Kumar Parimal, Adv., Mr. Smarhar Singh, AOR

ORDER :

Leave granted.

2. The order dated 29.02.2024 of the High Court, impugned in this appeal, after noticing that the dispute between the complainant and the accused is civil in nature grants pre-arrest bail to the appellants on multiple conditions. One of such conditions, imposed on the basis of the submission advanced before the High Court by the appellants, requires them to deposit 25% of Rs.20,00,000 (Rupees twenty lakhs only) before the District Court.

3. The direction for deposit is in the teeth of a plethora of decisions of this Court. We can profitably refer to a few of them, viz. Ramesh Kumar vs. State (NCT of Delhi), (2023) 7 SCC 461; St. George Dsouza vs. State (NCT of Delhi) (2023) SCC OnLine SC 1940 and Dilip Singh vs. State of M.P. & Anr. (2021) 2 SCC 779.

4. Learned counsel appearing for the respondent no.2-complainant submits that since the High Court was invited by the appellants to impose a condition for depositing 25% of Rs.20,00,000 (Rupees twenty lakhs only), the impugned order does not merit interference.

5. The High Court, in our considered view, ought to have examined the question of grant of bail without being swayed by the submission on behalf of the appella

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