Jeet Bahadur @ Jeetu vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 16520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36907
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 5199 of 2023
 

 
Applicant :- Jeet Bahadur @ Jeetu
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
 
Counsel for Applicant :- Amrish Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned court below not to insist the applicant to file surety bond in each and every 19 cases and accept only two sureties in lieu of all 19 cases mentioned in the instant petition.

3. Learned counsel for the applicant submits that nineteen false cases were registered against the applicant and in all the cases, the applicant has been directed to be released on bail by the competent Courts, however, the applicant is having every apprehension that, if the same sureties will be placed in all nineteen cases pending before the trial Court, the same would not be accepted and despite the applicant has been directed to be released on bail, he will not come out of the prison, because he will not be in a position to arrange two separate sureties for each case. Therefore, it is submitted that, the trial Court be directed to permit the accused-applicant to file same sureties in all nineteen cases.

4. Per contra, learned A.G.A. has opposed the prayer made by learned counsel for the applicant by submitting that the condition of filing two sureties and bonds is inseparable part of the order granting bail to the applicant. Therefore, the applicant cannot be exempted from filing sureties bonds as directed by learned trial Court concerned.

5. From the perusal of the record, it appears that the applicant is stated to be involved in nineteen cases and is also stated that he has been enlarged on bail by the competent Courts in all nineteen cases, which are mentioned herein below:-

(i) Case Crime No.64 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Motigarpur, District Sultanpur (ii) Case Crime No.96 of 2022, under Sections 457, 380, 411, 427 I.P.C., Police Station Motigarpur, District Sultanpur (iii)Case Crime No.151 of 2022, under Sections 380, 411 I.P.C., Police Station Motigarpur, District Sultanpur (iv)Case Crime No.112 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (v) Case Crime No.111 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (vi) Case Crime No.143 of 2022, under Sections 411, 413, 414 I.P.C., Police Station Dostpur, District Sultanpur (vii) Case Crime No.82 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (viii) Case Crime No.100 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (ix) Case Crime No.99 of 2022, under Sections 457, 380, 411, 412 I.P.C., Police Station Dostpur, District Sultanpur (x) Case Crime No.137 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (xi) Case Crime No.136 of 2022, under Sections 457, 380, 411, 413 I.P.C., Police Station Dostpur, District Sultanpur (xii) Case Crime No.27 of 2022, under Sections 379, 411 I.P.C., Police Station Motigarpur, District Sultanpur (xiii) Case Crime No.10 of 2022, under Sections 380, 411 I.P.C., Police Station Motigarpur, District Sultanpur (xiv) Case Crime No.99 of 2022, under Sections 380, 411, 457, 413 I.P.C., Police Station Akhandnagar, District Sultanpur (xv) Case Crime No.98 of 2022, under Sections 380, 411, 413, 414 I.P.C., Police Station Akhandnagar, District Sultanpur (xvi) Case Crime No.43 of 2022, under Sections 380, 457, 411 I.P.C., Police Station Jaysinghpur, District Sultanpur (xvii) Case Crime No.227 of 2022, under Sections 380, 411, 457, 413, 414 I.P.C., Police Station Kadipur, District Sultanpur (xviii) Case Crime No.174 of 2022, under Sections 380, 411, 457, 413 I.P.C., Police Station Gosaiganj, District Sultanpur (xix) Case Crime No.276 of 2022, under Sections 2/3 (1) of U.P. Gangster Act, Police Station Motigarpur, District Sultanpur.

6. Having heard learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the record, it transpires that the only grievance of the applicant appears to be that, he despite having been enlarged on bail by the orders of competent Courts in all the aforesaid nineteen cases is not able to come out of the prison, because he is not able to find separate sureties for each case, and a prayer has been made that, he be permitted to file same sureties in all aforesaid nineteen cases and a suitable direction in this regard be given to the trial court.

7. The acceptance of the sureties and the verification of them is the prerogative of the trial court which is to be accepted by learned trial Court on the basis of its own satisfaction. Therefore, the same in any case could not be interfered with by this Court. Sufficient guidelines in this regard have already been issue by this Court on administrative side to the subordinate Courts. However, as far as, the grievance of the applicant, pertaining to the fact that, he is not in a position to arrange separate sureties for all nineteen cases is concerned, the answer to this apprehension and grievance is implicit in Section 441-A of Code of Criminal Procedure, which is extracted as under:-

"Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."

8. From the perusal of the aforesaid provision contained in Section 441-A Cr.P.C. reveals that, a person who is intending to be the surety of any accused person is obliged to declare before the Court that apart from the person to whom he is standing surety, for how many other accused persons, he has stood surety.

9. Therefore, the true import of the Section 441-A of the Cr.P.C., which has been introduced by way of amendment made in the year 2006 clearly reflects that, a person may stand surety for more than one accused person and in more than one case. So there appears no bar for a person to stand surety in more than one case and also for more than one accused person. However, as stated earlier, the status, verification and the competency of the surety will always be assessed by the trial court before acceptance.

10. Thus, it is directed that if same sureties are placed by the applicant in all aforesaid nineteen cases pending before the trial court and they are otherwise competent and their status and other particulars have been duly verified, the trial court in its own discretion may accept the same in all aforesaid nineteen cases.

11. It is also provided that while making a decision with regard to the acceptance of the sureties as directed above, the Magistrate or the trial Court would have due regard to the judgment rendered by the Hon'ble Supreme Court in Hani Nishad @ Mohammad Imran @ Vicky Vs. The State of Uttar Pradesh in Special Leave to Appeal No. 8914-8915 of 2018.

12. With the aforesaid observations, the application is finally disposed of.

Order Date :- 24.5.2023

Mahesh