DIPANKAR DATTA, SATISH CHANDRA SHARMA
Sachin Yadav – Appellant
Versus
State (NCT of Delhi) – Respondent
ORDER :
1. The High Court of Delhi by a common impugned judgment and order dated 02nd May, 2026 disposed of Bail Application No.1345/2025 & Crl. M.A. No.13482/2025. A part of the said order is under challenge in these appeals at the instance of the appellant-accused.
2. While granting the appellant’s prayer for release on bail with certain conditions, the High Court imposed the following condition:
d. The applicant shall not reside in the same building as the complainant. The applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/SHO.
…”.
This condition is challenged by the appellant as violative of his rights guaranteed by Articles 21 and 19 of the Constitution.
3. Appellant figures as an accused in FIR No. 109 dated 18th February, 2025 registered at Police Station Hauz Khas. The FIR, registered at the instance of the complainant/respondent no. 2/Savita Yadav1[Complainant], accuses the appellant and the co-accused of offences under Sections 110(3) and 3(5) of the Bharatiya Nyaya Sanhita, 20232[BNS] (corresponding to Sections 308 and 34 of the Indian Penal Code, 1860, respectively).
4. App
Grant of bail – Any condition that curtails fundamental rights must be justified by circumstances that necessitate such restriction – Condition of restricting appellant’s right to reside in same buil....
Bail conditions restricting fundamental rights like the right to reside in one's home must satisfy tests of reasonableness, proportionality, and necessity; such conditions cannot be used to shift the....
Bail conditions must be reasonable and not infringe upon the rights of the accused.
Grant of bail – Any conditions imposed must be reasonable and directly related to this objective – While deciding bail application, it is not the jurisdiction of Court to decide civil disputes as bet....
The right to choose one's residence is upheld unless it substantially impacts trial proceedings, considering the aspects of age, health, and compliance with judicial requirements.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.