In order to save the Government revenue, the interest of justice would be served in case, the condition of bail order is modified directing the applicant to submit security equivalent to remaining disputed amount, the bail application is disposed of
Bail application— This application is has been filed by the applicant to set aside the condition No. 4 of the bail order.
this Court is of the view that conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it may not frustrate the very object of granting bail.
held that— this Court is of the view that condition No. 4 imposed by Special Chief Judicial Magistrate, Meerut directing the applicant to deposit remaining amount of ITC Rs. 4,51,00,000/- before the Department within three months while granting bail to the applicant, is unsustainable, as it is too harsh and unreasonable, particularly in the situation where enquiry/investigation is still pending and applicant has already deposited Rs. 5,00,00,000/- out of disputed amount of Rs. 9,51,00,000/-
the condition No. 4 of the bail order dated 24.11.2020 is modified to the extent as mentioned above. On non-furnishing security by the applicant as per his undertaking before this Court, it is open for opposite party No. 2 to move bail cancellation application.