ORDER :

Leave granted.

2. Heard Mr. Adarsh Priyadarshi, learned counsel appearing for the appellant. The respondent is represented by Mr. K. M. Nataraj, learned ASG of India.

3. It is submitted by the learned counsel for the appellant that the bail condition imposed by the High Court in its Order dated 13.6.2022 is causing serious prejudice to the accused as the appellant is a Nigerian citizen and the High Commission of Nigeria is unlikely to grant him the certificate of assurance to the effect that the accused shall not leave the country till the trial is concluded and shall appear before the Special Court, on each and every day, unless exempted by the Special Court. It is provided specifically in the impugned order that the accused shall not be released on bail without such a certificate of assurance from the High Commission of Nigeria.

4. Mr. Adarsh Priyadarshi, learned counsel for the appellant submits that although the appellant is a foreign citizen, he is married to a citizen of India and the couple have a child and the wife and the child are both residing in Delhi. It is also pointed out that his Delhi address has been verified by the Investigating Officer of the case and therefore although the appellant is a foreign citizen, he has roots in Indian Society.

5. As can be seen, the appellant was arrested on 02.6.2014 and he has been under incarceration for last around nine years and three months. Mr. K. M. Nataraj, learned ASG would submit that bail condition was imposed by the High Court by following the rulings of this Court in Supreme Court Legal Aid Committee representing undertrial Prisoners Vs. Union of India & Ors. , (1994) 6 SCC 731

6. We have noted the elaborate bail conditions imposed in the High Court’s order (13.6.2022). For ready reference they are extracted:-

“A. The applicant will furnish a personal bond in the sum of Rs.1 lakh, with two sureties in the like amount, to the satisfaction of the Special Court/Duty Magistrate.

B. The applicant’s passport will be deposited with the Special Court.

C. The applicant will present himself at the office of the NCB every Monday at 11:00 am, and will be released within one hour after completion of the formalities. Exemption from this requirement may be granted by the Special Court in exceptional circumstances.

D. The Special Court will seek a certificate of assurance from the High Commission of Nigeria, New Delhi, that the accused shall not leave the country till the trial is concluded, and shall appear before the Special Court on each and every date, unless exempted by the Special Court in exceptional circumstances. The applicant will not be released on bail in the absence of such a certificate of assurance.

E. The applicant will reside at the address mentioned in the charge-sheet which has been verified by the IO. In the event of any change in his address, the applicant will give prior information of the same to the IO and the Special Court.

F. The applicant will give his mobile number to the IO, and ensure that the mobile number is kept in working condition, and is operational at all times.

G. The applicant will drop a pin on Google Maps to ensure that his exact location is available with the IO at all times.

H. The applicant will not tamper with the evidence, directly or indirectly, in any manner.

I. The applicant will not contact any of the prosecution witnesses or act in any other manner prejudicial to the trial.

J. In the event any further offence is registered against the applicant during the period he is out on bail, the NCB is at liberty to apply to the Special Court for cancellation of the bail granted to the applicant.

K. The Special Court will also be at liberty to cancel the