Whether the court can impose bail condition for an offence U/S 498A of IPC that husband Should Resume Conjugal Life With Wife?

Vide the said order dated 10.08.2021, the

High Court had allowed the A.B.A. No.2025 of 2021 on the

condition that the appellant shall take the respondent No.2

(wife) to his house at Pandra locality of Ranchi and maintain

her with full dignity and honour as his lawful wife.

5. The High Court vide the impugned order has dismissed the

Cr.M.P. No.2419 of 2021 filed by the appellant observing that

in view of the adamant attitude of the appellant in not

resuming the conjugal life with the opposite party No.2 in the

house of the appellant, where the opposite party No.2 was

staying, his petition could not be considered. In our opinion,

neither such condition should have been imposed by the High

Court while granting an anticipatory bail, nor such could be a

ground for rejection of the petition filed by the appellant.

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.3701 OF 2023

KUNAL CHOUDHARY  Vs THE STATE OF JHARKHAND .

Dated: DECEMBER 05, 2023.

Leave granted.

2. The appellant is assailing the order dated 17.06.2022

passed by the High Court of Jharkhand in Cr.M.P. No.2419 of

2021 filed by the appellant under Section 482 Cr.P.C., praying

for modification of the order dated 10.08.2021 passed in A.B.A.

No.2025 of 2021. Vide the said order dated 10.08.2021, the

High Court had allowed the A.B.A. No.2025 of 2021 on the

condition that the appellant shall take the respondent No.2

(wife) to his house at Pandra locality of Ranchi and maintain

her with full dignity and honour as his lawful wife.

3. Heard learned counsel for the parties.

4. This Court by the order dated 01.05.2023 had granted the

stay against the arrest of the appellant in reference to the

Complaint Case No.3004 of 2018 dated 16.07.2018.

1

5. The High Court vide the impugned order has dismissed the

Cr.M.P. No.2419 of 2021 filed by the appellant observing that

in view of the adamant attitude of the appellant in not

resuming the conjugal life with the opposite party No.2 in the

house of the appellant, where the opposite party No.2 was

staying, his petition could not be considered. In our opinion,

neither such condition should have been imposed by the High

Court while granting an anticipatory bail, nor such could be a

ground for rejection of the petition filed by the appellant.

6. Having regard to the facts and circumstances of the case,

the impugned order deserves to be set aside and is accordingly

set aside. It is directed that in the event of the arrest of

the appellant in respect of the Complaint Case No.3004 of 2018

filed under Section 498A of IPC, pending in the Court of Chief

Judicial Magistrate, Ranchi, he shall be released on bail, on

the conditions that may be imposed by the said Court.

7. The Criminal Appeal is allowed accordingly.

8. Pending applications, if any, also stand disposed of.

........................J.

(BELA M. TRIVEDI)

........................J.

(SATISH CHANDRA SHARMA)

NEW DELHI;

DECEMBER 05, 2023.

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