'Can't allow accused to challenge own offer for money to secure bail': SC flags increasing trend

New Delhi: The Supreme Court has flagged an increasing trend where accused persons have been offering to deposit money to secure regular bail before the High Courts, but have been subsequently challenging such conditions as onerous and uncalled for.

The top court said an accused cannot be allowed to make such an offer and then question its validity.

"We cannot lose sight of the fact that the practice of the accused securing bail from the High Courts by offering to deposit monies and thereafter assailing such condition as onerous and uncalled for, is on the increase," a bench of Justices Sanjay Kumar and Satish Chandra Sharma said.

Taking up a challenge by Ashish Navalkumar Sureka to the condition imposed by the Gujarat High Court to deposit Rs 50 lakh each in two cases, the court cancelled his bail and directed him to surrender within 10 days.

In its order on July 22, 2025, the court found the appellant had admittedly not deposited any money in terms of his undertakings and assailed the condition imposed at his own instance.

It noted he secured bail from the High Court by making an offer and by filing undertakings.

"He cannot have the benefit of the bail granted on the basis of his offer being accepted, if he has a grievance with the condition. The appellant cannot be allowed to approbate and reprobate to suit his own convenience,'' the bench said.

The bench rejected a plea by the appellant's counsel to withdraw the instant petition. It said a decision on merits was required in view of telling facts of the case.

The counsel contended the High Court was not justified in imposing an onerous condition of deposit of money as a condition precedent for bail.

He cited Ramesh Kumar Vs State of NCT of Delhi (2023) which was also a case where an undertaking was given before the High Court but, thereafter, a complaint was made before this court as to the onerous nature of a condition for deposit of money. This court then observed that such undertakings should be accepted only in cases involving public monies.

The bench, however, said, notwithstanding the law laid down, the increasing trend among accused to seek bail on offer to deposit money and later challenging it cannot be lost sight of. After cancelling the bail, the court restored his bail plea to the High Court's file for consideration afresh.