Arjun v. State of U.P. Thru. Prin.Secy. Deptt. of Home

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9856 of 2023 Applicant :- Arjun Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Firoz Ahmad Khan, learned counsel for the applicant, Sri Girijesh Dwivedi, learned A.G.A. for the State and perused the material placed on record. By means of the instant applicant, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the petitioner to file separate sureties and bonds in each and every four cases and accept only two sureties and one personal bond in lieu of all four cases. The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which, he has been granted bail. He added that the applicant has been granted bail in four cases arising out of following Case Crime Numbers :- 1) Case Crime No. 08 of 2020, under Sections-452, 323, 504 and 506 of IPC, PS-Kotwali Nagar District - Barabanki. 2) Case Crime No. 23 of 2021, under Sections-452, 323, 354B, 504 & 506 of IPC, PS-Kotwali Nagar, District - Barabanki. 3) Case Crime No. 756 of 2022, under Sections-3(1) U.P. Gangsters & Antisocial Activities (Prevention) Act PS-Kotwali Nagar, District-Ayodhya. 4) Case Crime No. 532 of 2022, under sections 3/25 of Arms Act, P.S. Kotwali Nagar, District-Ayodhya. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being poor person, he is unable to produce the sureties in each cases. It is further submitted by the 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 Supreme Court vide order dated 29.10.2018 has permitted the petitioner to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases. Referring the aforesaid judgement and order, he submits that the applicant may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra). Considering the aforesaid fact, the petition is disposed off with a direction to the applicant to 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 all other cases wherein the bail orders have been passed. Order Date :- 10.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench