Rishi Kanaujia and Another v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10926 of 2023 Applicant :- Rishi Kanaujia And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the material placed on record. By means of the instant applicants, the applicants have prayed that this Court may be pleased to direct the learned Court below not to insist the applicants 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 the three cases. The learned counsel appearing for the applicants submits that it has become impossible for the applicants to submit separate sureties and bonds in each of cases, in which, they have been granted bail. He added that the applicants have been granted bail in three cases arising out of following Case Crime Numbers :- 1) Case Crime No. 91 of 2023, under Sections 395,412,467,468,471,420,34 of IPC, PS - Naka Hindola, District -Lucknow. 2)Case Crime No. 212 of 2023, under Sections 395,412,467,468,471,420,34 of IPC, PS - B.K.T., District -Lucknow 3)Case Crime No. 111 of 2023, under Sections 2/3 of the U.P. Gangster Act, PS - Naka Hindola, District -Lucknow. . He next added that despite the Trial Court granted the bail in aforesaid matters, the applicants are still in jail. Being poor persons, they are unable to produce the sureties in each cases. It is further submitted by the learned counsel for the applicants 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 applicants 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 applicants 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 :- 7.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench