The Allahabad High Court has revoked a 12-year-old bail condition that required an accused in a CBI corruption case to keep ₹64 lakh in a fixed deposit in favour of the Airports Authority of India. Holding that such a condition had become unnecessarily burdensome, the Court directed that the entire amount along with accrued interest be released to the applicant within 30 days.
Background of the Case
The case arose from a CBI investigation into alleged submission of forged bills during a project at Varanasi Airport, resulting in an alleged loss to the Airports Authority of India. Although the FIR did not initially name Baldev Raj Arora, he was later chargesheeted as a director of a company allegedly connected to the disputed bills. He was granted bail by the High Court in December 2013 on the condition that he deposit ₹64 lakh in a fixed deposit until the conclusion of the trial.
Over the years, significant developments took place. The applicant was discharged from all charges except cheating under Section 420 IPC. Proceedings against several co-accused were affected after the prosecution sanction was quashed, and the trial court eventually halted the proceedings and consigned the records until further orders.
Court Observations
Justice Subhash Vidyarthi first rejected the CBI's objection that the High Court could not modify a bail condition after passing the original bail order.
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The Court observed that an order granting bail is not a final judgment but an interlocutory order. Therefore, the restriction contained in Section 362 of the Code of Criminal Procedure, which bars review of final judgments, would not prevent modification of bail conditions in appropriate cases.
The bench further relied on Supreme Court decisions discouraging courts from imposing excessive financial conditions while granting bail.
Observing that the applicant had already crossed 77 years of age and that the trial had effectively come to a standstill, the Court said,
"The continuance of the condition of deposit of Rs.64 lakhs... is causing a failure of justice."
The Court also noted that the fixed deposit was originally meant to remain in place only until the conclusion of the trial. Since the trial was no longer progressing and there was no indication of an early conclusion, continuing the condition would unjustly deprive the applicant of access to his own money.
Decision
Allowing the petition under Section 482 CrPC, the Allahabad High Court revoked the bail condition imposed in its order dated December 19, 2013, which required the applicant to maintain a ₹64 lakh fixed deposit in favour of the Airports Authority of India.
The Court directed that the deposited amount along with the interest earned on it be released to the applicant within 30 days.
It also ordered that each party would bear its own costs.
Case Details
Case Title: Baldev Raj Arora v. CBI/ACB, Lucknow
Case Number: Application U/s 482 No. 2459 of 2026
Judge: Justice Subhash Vidyarthi
Decision Date: July 2, 2026
