Allahabad High Court
Rajjan Behana vs State Of U.P. Thru Secy. Home ... on 7 June, 2021
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- U/S 482/378/407 No. - 2000 of 2021
Applicant :- Rajjan Behana
Opposite Party :- State Of U.P. Thru Secy. Home Deptt. Lucknow
Counsel for Applicant :- Dinesh Kr. Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to direct the concerned Court/Magistrate, Barabanki not to insist the applicant to file separate surety bonds in each and every cases and accept only one surety in lieu of all the six cases.
Learned counsel for the applicant submits that the applicant was taken into custody on 06.06.2019 and only with the intention to show good work, the police implicated the applicant in six cases. The first case was lodged as F.I.R. No. 187 of 2019, under Section 307 I.P.C., P.S. Masauli, District Barabanki, in which the role of firing on the police party has been assigned to the applicant. Thereafter, F.I.R. No. 188 of 2019 was registered under Section 3/25 Arms Act by the police personnel. Again false recovery has been shown and a case was registered as Case Crime No. 189 of 2019 on the same day. Thereafter, the applicant was also challaned in four other cases. The details of the said cases are as under:
1. F.I.R. No. 187 of 2019, under Section 307 I.P.C., P.S. Masauli, District Barabanki
2. F.I.R. No. 188 of 2019, under Section 3/25 Arms Act, P.S. Masauli, District Barabanki
3. F.I.R. No. 189 of 2019, under Section 41/411 I.P.C., P.S. Masauli, District Barabanki
4. F.I.R. No. 113 of 2019, under Section 459/411 I.P.C., P.S. Mohammadpur Khala, District Barabanki
5. F.I.R. No. 114 of 2019, under Section 457/380/411 I.P.C., P.S. Mohammadpur Khala, District Barabanki
6. F.I.R. No. 55 of 2019, under Section 392/411 I.P.C., P.S. Masauli, District Barabanki
It has been submitted by learned counsel for the applicant that the applicant has been granted bail in all the aforesaid cases cases, but furnishing of twelve sureties in six different cases is almost impracticable as the applicant is very poor person and he will not be able to arrange 12 sureties to get bail.
Learned counsel for the applicant has also relied the judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad [email protected] Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018).
Considering the aforesaid fact, this application is disposed of with the direction that the applicant shall furnish a personal bond and two sureties in one case, which shall be treated to be valid in all other cases wherein the bail order has been passed.
With the above direction, the application is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.6.2021
VKS
