Poverty Can't Defeat Right To Bail; Accused Can't Be Kept In Jail For Want Of Sureties: Rajasthan High Court
The Rajasthan High Court has set aside the condition of furnishing sureties imposed on an accused, who was granted bail but was not released, since he was not in a position to furnish the sureties. The Court opined that poverty should not violate accused person's right to life and liberty under Article 21. The bench of Justice Anoop Kumar Dhand observed that no accused person could...
The Rajasthan High Court has set aside the condition of furnishing sureties imposed on an accused, who was granted bail but was not released, since he was not in a position to furnish the sureties.
The Court opined that poverty should not violate accused person's right to life and liberty under Article 21.
The bench of Justice Anoop Kumar Dhand observed that no accused person could be incarcerated for an indefinite period of time, only on the sole ground that he was not in a position to arrange for sureties for being released on bail.
For context, the applicant was accused in case of house trespass in which he was granted bail with conditions of furnishing personal bond and two sureties. However, no one was ready to submit the surety bonds for the applicant due to which the applicant was still in custody even after being granted bail.
Hence, an application was filed before the Court seeking amendment in the conditions of the bail.
The Court opined that even though the court could impose conditions while granting bail to the accused persons, if it was not possible for the accused to comply with the same, such condition may amount to defeating the purpose of granting bail to the accused, which violated his rights under Article 21.
In this background, the Court held,
"In the considered opinion of this Court, poverty and penalty should not hinder an accused persons' right of life and personal liberty, who has been released from jail, as the Article 21 of the Constitution of India guarantees the life and liberty. 9. In the considered opinion of this Court, no accused can be kept in custody/incarceration for an indefinite period only on the sole ground that he is not in a position to arrange the sureties for his release on bail. Such condition tantamounts to violation of his rights as guaranteed under Article 21 of the Constitution of India."
Accordingly, the condition for furnishing two sureties was set aside, and the accused person was directed to be released on furnishing of an enhanced personal bond.
Title: Vaibhav v State of Rajasthan
Citation: 2026 LiveLaw (Raj) 211