Amin and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2732 of 2024 Applicant :- Amin And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Rajat Pratap Singh, learned counsel for the applicants and learned A.G.A. for the State. The applicants are aggrieved by the excessive sureties fixed by the learned trial court while granting bail to the applicants. It is contended that the applicants belong to a marginalized section of the society and are unable to arrange the aforesaid sureties. Learned trial court acted in the teeth of the judgement of this Court on

21.03.2023 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 applicants or independent application of mind as envisaged by this Court 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 applicants 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 applicants. The Application U/S 482 is disposed of finally. Order Date :- 20.3.2024 Ashutosh High Court of Judicature at Allahabad, Lucknow Bench