Naved Ahmad v. State of U.P. Thru. Prin.Secy. Home

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10746 of 2023 Applicant :- Naved Ahmad Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ghufran Hussain Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material placed on record. By means of the instant application, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every thirteen cases and accept only two sureties and one personal bond in lieu of all the thirteen 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 thirteen cases arising out of following Case Crime Numbers :- 1)Case Crime No. 230 of 2022, under Sections 419,420,406,504,506,34 of IPC, PS-Masauli, District -Barabanki. 2)Case Crime No. 233 of 2022, under Sections 419,420,406,504,506,34 of IPC, PS-Masauli, District -Barabanki. 3) Case Crime No. 234 of 2022, under Sections 419,420,406,504,506,34 of IPC, PS-Masauli, District -Barabanki. 4)Case Crime No. 0014 of 2023, under Sections 420,409,467,468,471,34 of IPC, PS-Kotwali, District -Barabanki 5)Case Crime No. 1038 of 2023, under Sections 420,406,409 of IPC, PS-Kotwali, District -Barabanki. 6)Case Crime No. 309 of 2022, under Sections 409,420,504,506,34 of IPC, PS-Badosari, District -Barabanki 7)Case Crime No. 1066 of 2022, under Sections 420,409 of IPC, PS-Nagar Kotwali, District -Barabanki 8)Case Crime No. 67 of 2022, under Sections 419,420,406,109,409 of IPC, PS-Baddupur, District -Barabanki 9)Case Crime No. 1295 of 2022, under Sections 420,409,506,467,468,471,34 of IPC, PS-Kotwali, District -Barabanki 10)Case Crime No. 841 of 2022, under Sections 420,409 of IPC, PS-Kotwali, District -Barabanki 11)Case Crime No. 133 of 2023, under Sections 419,420,406,409 & 109 of IPC, PS-Badddupur, District -Barabanki 12)Case Crime No. 463 of 2023, under Sections 420,406,467,468,471 of IPC, PS-Kotwali, District -Barabanki 13)Case Crime No. 0369 of 2022, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, PS-Masauli, District -Barabanki He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being a 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 petitioners 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 of with a direction to the applicant to furnish a personal bond of Rs.3,00,000/- 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 :- 2.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench