A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.

“In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.,” the Court held. 

The Bench of Justices Aniruddha Bose and Bela M. Trivedi made these observations while deciding a bail of plea of an accused in a dowry death case. It is important to note that the appellant is the brother of the husband and also an accused. It may also be noted that the husband has been absconding and the trial had begun without he being arrested.

Prior to approaching the Supreme Court, the appellant approached the Patna High Court seeking his grant of bail. The High Court, in its impugned judgment , though directed for release of the petitioner on bail however, the same was linked to the condition of surrender by the husband of the deceased before the learned trial court. The relevant portion of the order is:

I deem it fit and proper to direct for release of the petitioner on bail, immediately upon surrender by the husband of the deceased victim lady before the learned trial court, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Judicial Magistrate-1st Class, Buxar in connection with Koran Sarai P.S.Case No. 18 of 2021."

The Top Court, while allowing the bail plea, observed that imposition and subsequent adhering to the condition of surrender of the husband of the deceased/ co-accused would not be necessary for grant of bail to the appellant.