Can bail conditions be imposed for bailable offences under Section 387?

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Bail Conditions Cannot Be Imposed for Bailable Offences Under Section 387

Bail conditions cannot be imposed for bailable offences when bail is granted under Section 387 of the Criminal Procedure Code. This section outlines the right of an accused or arrested person to bail, and where an accused is prepared to provide bail, the court has no discretion to refuse it, thereby precluding the imposition of conditions.
Right to Bail for Bailable Offences

When an individual is accused of a bailable offence, they are legally entitled to be released on bail as a matter of right. Once the accused fulfills the requirements by preparing to furnish the bail, the court is obligated to grant it and cannot exercise discretion to withhold it. This entitlement is fundamental to the process for bailable offences.
Absence of Discretion Precludes Conditions

The legal principle established is that where there is no discretion vested in the court to refuse bail, it logically follows that there is no power to impose conditions on the bail order. This is because the imposition of conditions is intrinsically linked to the court's discretionary power to grant or deny bail in the first place.
Distinguishing Between Sections 387 and 388

Section 387 of the Criminal Procedure Code specifically deals with bailable offences, where bail is a right. In contrast, Section 388 provides for circumstances where a police officer or the court may exercise discretion in releasing individuals accused of non-bailable offences. It is within the context of this discretion under Section 388 that Indian authorities suggest conditions may be permissible, a view not extended to the mandatory release under Section 387.
Case Example Illustrates the Principle

A recent report detailing a case where an accused was charged under Section 295 of the Penal Code, a bailable offence, highlights this legal point. Despite arguments for bail refusal due to flight risk, the court ultimately granted bail. However, it also imposed conditions such as surrendering the passport and reporting to the police station, which, according to the writer's analysis, contradicts the principle that no conditions can be attached when bail is a right under a bailable offence.

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Can bail conditions be imposed for bailable offences under Section 387?

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