Shivati v. State of U.P. Thru. Addl. Chief Secy. Deptt. Govt. Civil Sectt. Lko

Court No. -28 Case :-APPLICATION U/S 482 No. -10721 of 2023 Applicant :-Shivati Opposite Party :-State Of U.P. Thru. Addl. Chief Secy. Deptt. Govt. Civil Sectt. Lko Counsel for Applicant :-Pooja Yadav Counsel for Opposite Party :-G.A. Hon'ble Shree Prakash Singh,J. Heard Smt Pooja Yadav, learned counsel for the applicant, Sri B.N. Nishad, 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 three cases and accept only two sureties and one personal bond in lieu of all three 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 three cases arising out of following Case Crime Numbers :-

(i) Case Crime No. 86/2022, under Section 411 I.P.C. and section 41/102 Cr.P.C. Police Station-Ram Janm Bhumi, District-Ayodhya.

(ii) Case Crime No. 67/2022, under Section 356, 379, 411 I.P.C., Police Station-Ram Janm Bhumi, District-Ayodhya.

(iii) Crime No. 85/2022, under Section 379, 411 I.P.C., Police Station-Ram Janm Bhumi, 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 :- 1.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench