Court modifies bail terms to uphold Article 21 rights, introduces innovative environmental condition.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has modified the bail conditions for Vaibhav, an accused unable to secure his release due to stringent surety requirements. The order, delivered by Justice Anoop Kumar Dhand on May 27, 2026, reflects a balanced approach to uphold personal liberty rights under Article 21 of the Indian Constitution while also promoting public welfare.
The court reviewed the bail conditions initially set on March 27, 2026, which required Vaibhav to furnish a personal bond of Rs. 50,000 along with two sureties of Rs. 25,000 each. Despite being granted bail, Vaibhav remained in custody since September 3, 2025, due to his inability to arrange the sureties. Acknowledging this predicament, the court emphasized that bail conditions should not be so onerous as to negate the purpose of bail or infringe upon the accused's fundamental rights.
The court cited a precedent from the Supreme Court case Central Bureau of Investigation v. Ashok Sirpal, underscoring that conditions for suspension of a sentence or bail should not be impossible for the appellant to meet, as it would violate their rights under Article 21.
In a novel move, the court replaced the surety requirement with a condition that Vaibhav plant 25 shade-bearing trees and submit photographic evidence and an undertaking to care for them. This condition, the court noted, serves the public interest by contributing to environmental welfare, ensuring that the community benefits from a cleaner, oxygen-rich environment.
Justice Dhand stated, "Poverty and penalty should not hinder an accused person's right to life and personal liberty." The court's directive also mandates Vaibhav to appear at the local police station monthly and submit biannual photographic updates of the planted trees until the trial concludes.
This decision reinforces the judiciary's commitment to safeguarding constitutional rights while fostering community and environmental benefits. The order has been integrated into the original bail order, allowing Vaibhav's release upon fulfilling the modified conditions.
Bottom line:-
Bail conditions should not be so onerous as to defeat the purpose of granting bail or violate the accused's rights under Article 21 of the Constitution of India.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 331(4), 305(a); Constitution of India, 1950 Article 21.
Vaibhav v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2910591
