VidhiSangh

Supreme Court of India · 02/08/2024

SUDEEP CHATTERJEE versus STATE OF BIHAR & ANR.

[2024] 8 S.C.R. 662 · 2024 INSC 567

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Summary

In a complaint under Section 498A IPC and Section 4 of the Dowry Prohibition Act arising from a matrimonial dispute, the High Court granted the husband provisional pre-arrest bail on condition that he file a joint affidavit undertaking to fulfil all physical and financial requirements of his wife. The Supreme Court held that bail conditions must be capable of compliance and proportionate to their purpose, set aside that condition as impracticable, and made the bail absolute on the remaining terms.

Issues

  1. Whether, while granting anticipatory bail under Section 438 CrPC, a court may impose a condition requiring the accused husband to undertake by affidavit to fulfil all physical and financial requirements of the complainant wife.
  2. What considerations should guide the conditions imposed on pre-arrest bail, particularly in cases arising out of matrimonial discord.

Provisions considered

Held

Result

Appeal disposed of; condition in paragraph 6 of the High Court's order requiring the undertaking affidavit set aside; bail made absolute on the High Court's suretyship terms and the Section 438(2) CrPC conditions, subject to the outcome of the pending complaint case.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 662.