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Wajid Khan v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
23 June 2023
Bench
Dinesh Kumar Singhauthor
Case no.
6060/2023

Judgment

Court No. - 9 Case :- APPLICATION U/S 482 No. - 6060 of 2023 Applicant :- Wajid Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the file, including the Annexures attached therewith.

¶2The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in all nine cases in which the applicant has been granted bail. The nine cases in which the applicant has been granted bail are as under:- "(i) Case Crime No.193/2023, under Section-379 and 411 I.P.C., Police Station-Bachharawan, District-Raibareli.

(ii)Case Crime No.178/2022, under Section-379 and 411 I.P.C., Police Station-Bachharawan, District-Raibareli.

(iii) Case Crime No.162/2023 under Section-379 and 411 I.P.C., Police Station-Gurubuxganj, District-Raibareli.

(iv) Case Crime No.160/2023, under Section-379 and 411 I.P.C., Police Station-Gurubuxganj, District-Raibareli.

(v)Case Crime No.179/2023, under Section-379 and 411 I.P.C., Police Station-Khiron, District-Raibareli.

(vi) Case Crime No.137/2023, under Section-379 and 411 I.P.C., Police Station-Shivgarh, District-Raibareli.

(vii) Case Crime No.158/2023, under Section-379 and 411 I.P.C., Police Station-Gurubuxganj, District-Raibareli.

(viii) Case Crime No.173/2023, under Section-379 and 411 I.P.C., Police Station-Lalganj, District-Raibareli.

(ix) Case Crime No.161/2023, under Section-379 and 411 I.P.C., Police Station-Gurubuxganj, District-Raibareli."

¶3Learned counsel for the applicant submit that it is impossible for the applicant to submit separate sureties in each case in which he has been granted bail. He further submits that the applicant has been granted bail in all the cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each cases.

¶4It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018) the Hon'ble Supreme Court vide order dated 29.10.2018 has permitted the petitioner to submit personal bonds and two sureties of heavy amount to hold good in all the cases.

¶5Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount in one case which shall be treated to be valid in other eight cases as mentioned above, wherein the bail orders have been passed. (Dinesh Kumar Singh, J.) Order Date :- 23.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.