Allahabad High Court
Nathu Bairwa vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
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Court No. - 16
Case :- APPLICATION U/S 482 No. - 3418 of 2022
Applicant :- Nathu Bairwa
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. And Others
Counsel for Applicant :- Mohd. Tanveer
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Heard Sri Mohd. Tanveer, counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been preferred for a direction being issued to concerned court below to accept a personal bond and two sureties in all cases [ (1) Case Crime No. 358 of 2019, under Sections 406, 409, 420 I.P.C., PS Vibhutiknand, Lucknow (2) Case Crime No. 359 of 2019, under Sections 406, 409, 420 I.P.C., PS Vibhutiknand, Lucknow (3) Case Crime No. 360 of 2019, under Sections 406, 409, 420 I.P.C., PS Vibhutiknand, Lucknow and (4) Case Crime No. 381 of 2019, under Sections 406, 409, 420 I.P.C., PS Vibhutiknand, Lucknow).
Counsel for the applicant submitted that applicant has been granted bail in four cases but the court below has passed the order on 26.05.2022 by which applicant has been directed to furnish personal bonds of Rs. 75,000/- and two sureties each in the like amount in all four cases separately. Counsel for the applicant has submitted that it is difficult for him to produce separate sureties and personal bonds in all four cases. Counsel for the applicant submitted that the applicant is involved in four cases and has been granted bail but he is unable to provide four separate bonds and eight separate sureties each of the like amount and submits that the court below may be directed to accept the same bail bond in all four cases. Counsel for the applicant has provide the detail of those four cases in para -7 of the memo of application. In support of his submission, counsel for the applicant has also relied upon a judgment rendered by the Hon'ble Supreme Court in Hani Nishad @ Mohammad Imran @ Vickky Vs. The State of Uttar Pradesh [Special Leave to Appeal (Crl.) No.(s) 8914-8915/2018, decided on 29.10.2018], to establish that the Supreme Court has directed to accept the one personal bond and two sureties for all cases. It has been further submitted that in light of judgement of Hon'ble Supreme Court in Hani Nishad @ Mohammad Imran @ Vickky (supra), the applicant will be permitted to utilize two sureties and one personal bond in all four cases and court below may be directed to accept one set of personal bond and two sureties in all four cases.
Learned A.G.A. could not oppose the aforesaid submission.
Keeping in view the aforesaid submissions, I direct that the court below will accept one set of personal bond and two sureties to the satisfaction of the court concerned for all the aforesaid four cases and release the applicant on bail. The same bond and two sureties may be treated to submitted in all the four cases.
The application stands disposed of.
Order Date :- 31.5.2022/A.K.T.
