Ayush Yadav @ Titu Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2728 of 2024 Applicant :- Ayush Yadav @ Titu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Dixit,Badrus Sahar,Neeraj Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Manoj Kumar Dixit, learned counsel for the applicant and learned A.G.A. for the State. The applicant is aggrieved by the excessive sureties fixed by the learned trial court while granting bail to the applicant. It is contended that the applicant belongs to a marginalized section of the society and is unable to arrange the aforesaid sureties. Learned trial court acted in the teeth of the judgement of this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The perusal of the order shows that it has been passed in a mechanical manner. There is no reflection on the socioeconomic status of the applicant or independent application of mind as envisaged by this Court on

21.03.2023 in Arvind Singh (supra). The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh (supra) and Hani Nishad @ Mohammad Imran Vs. the State of Uttar Pradesh rendered by the Supreme Court in SLP (Crl. No.8914-8915 of 2018). The learned trial court shall ensure that the right of bail of the applicant granted by this Court as well as by the trial court is not frustrated by arbitrary demands of sureties which are unrelated to the socioeconomic status of the applicant. The Application U/S 482 is disposed of finally. Order Date :- 20.3.2024 Ashutosh High Court of Judicature at Allahabad, Lucknow Bench