Section 265K of the Code of Criminal Procedure (CrPC) and Bail

Section 265K of the Code of Criminal Procedure (CrPC) provides a unique provision for the grant of bail in cases where the accused is released on bail under certain conditions.

This provision is particularly significant

in cases where the accused is facing trial for non-bailable offenses, as it allows for the imposition of conditions that must be complied with by the accused while on bail.

Section 265K states that when a court grants bail to an accused in a non-bailable offense, it may impose certain conditions on the accused. These conditions may include:

1. The accused shall attend regularly at such times and places as may be specified by the court.
2. The accused shall not commit an offense similar to the offense of which he is accused or suspected.
3. The accused shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

Case Law Confirmation:

The Supreme Court of India has upheld the validity and applicability of Section 265K in several cases. In the case of *Sanjay Chandra v. CBI* (2012), the Supreme Court observed that the purpose of Section 265K is to ensure that the accused does not misuse the bail granted to him and that he cooperates with the trial proceedings.

In another case,

*State of Maharashtra v. Mohd. Sajid Husain Mohd. S. Husain* (2002), the Bombay High Court held that the conditions imposed under Section 265K are intended to ensure that the accused does not abscond or tamper with evidence while on bail.

Section 265K of the CrPC is a crucial provision that allows courts to impose necessary conditions on the grant of bail to ensure the proper conduct of the accused during trial.

It is aimed at balancing the interests of the accused with the interests of justice and ensuring that the trial proceeds smoothly without any hindrance.