Gajendra @ Rupin v. State of U.P

Court No. - 87 Case :- APPLICATION U/S 482 No. - 45315 of 2023 Applicant :- Gajendra @ Rupin Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the petitioner to submit a personal bond and two sureties in 6 (nineteen) cases which should be sufficient in all the cases in which the petitioner has been granted bail.

¶3Learned counsel for the petitioner submits that it is impossible for the petitioner to submit separate sureties in each cases in which he has been granted bail.

¶4The petitioner has been granted bail in all the aforesaid cases. Despite the trial Court granting him bail, the petitioner is still in jail inasmuch as the petitioner being a poor person is unable to produce the sureties in each cases.

¶5Learned counsel for the applicant has also relied the judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018].

¶6Learned A.G.A., however, opposes the prayer of the learned counsel for the applicant and submits that it is always the discretion and satisfaction of the trial court, so far as the acceptance of the sureties is concerned.

¶7In view of the above, the impugned order is modified to the extent that the applicant shall execute a personal bond for Rs.1,00,000/- and the same bond shall hold good for all 6 (six) cases. There shall be two sureties who shall execute the bond for Rs.1,00,000/- which shall hold good for all the 6 (six) cases. It is clarified that the personal bond so executed by the applicant and the bond so executed by the two sureties shall hold good for all 6

(six) cases.

¶8With the aforesaid observation/direction, the petition is disposed of. Order Date :- 13.12.2023 Amit High Court of Judicature at Allahabad