The Supreme Court has waived the condition to deposit cash security of Rs 75 lakh as a condition for bail for an accused facing trial for cheating and forgery at the Gautam Buddh Nagar district court.
A bench comprising justices Sanjay Kishan Kaul and M.M. Sundresh said: “On examining the facts of the case, more so that the applicant is still under custody even after four years of the order passed by this court, we consider it appropriate to waive the bail condition No. 7(a) passed in criminal appeal. Application stands allowed. Miscellaneous application stands disposed of accordingly.”
On August 12, the apex court heard an application filed by the accused through Namit Saxena, a criminal lawyer, seeking to waive the condition of depositing an extra sum of Rs 75 lakh directed to be deposited by the top court in 2018.
Saxena vehemently argued before the top court that it is trite law that an onerous condition cannot be imposed while granting bail and despite best efforts, the accused could not collect the sum of Rs 75 lakh since he was in the jail.
Saxena argued, “Sometimes, even if we don’t want, the process becomes the punishment.”
The top court after hearing the arguments waived the condition to deposit Rs 75 lakh as additional security, paving the way for the accused to be released after four years.
The accused, Harsh Dev Thaku, was earlier granted bail by the Allahabad High Court in 2018 on the condition of depositing a sum of Rs 50 lakh.
Bharat Star Services, the complainant in the matter, had challenged the Allahabad High Court’s order and sought cancellation of bail granted to the accused.
The top court had directed deposition of a sum of Rs 75 lakh in addition to the sum of Rs 50 lakh directed to be deposited by the Allahabad High Court while granting bail to the accused in 2018.
Thakur was arrested by the Noida Police on September 10, 2017.