The requirement for cash security as a condition for bail should be justified by evidence of prior misuse of bail.

V.M. Jain, J. - Heard.

The petitioner is an accused in a case under Sections 420/120-B Indian Penal Code. He was arrested. He applied for bail. He was ordered to be released on bail by the Additional Sessions Judge on his furnishing bail bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Ilaqa/ Duty Magistrate, subject to deposit of Rs. 25,000/- in the Court of Ilaqa Magistrate as security of his personal bond. Unable to deposit the amount of Rs. 25,000/- the petitioner has filed the present petition under Section 482 Criminal Procedure Code, seeking modification of the order dated 7.6.2000 passed by the Addl. Sessions Judge, while ordering his relese on bail.

2. After hearing the ld. counsel for the parties and after perusing the record, I am of the opinion, that no case was made out for directing the petitioner to deposit Rs. 25,000/- as cash security, especially when there is nothing on the record to show that the petitioner at any point of time was earlier released on bail or that he had misused the concession of bail.

3. For the reasons recorded above, the present petition is allowed and the order dated 7.6.2000 passed by the ld. Sessions Judge ordering the release of the petitioner on bail is modified and it is directed that the petitioner shall be released on bail on his furnishing bail bond in the sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of the Ilaqa Magistrate.

4. Copy of the order be given dasti, on payment.

Petition allowed.