Allahabad High Court
Bari Ansari vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 11 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:46615
Court No. - 14
Case :- APPLICATION U/S 482 No. - 5870 of 2025
Applicant :- Bari Ansari
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Eshan Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under section 482 of Cr.P.C./528 of the B.N.S.S. has been filed with the prayer that in the light of Judgment of the Hon'ble Supreme Court in the case of Moti Ram Vs State and Hon'ble High Court in the case of Arvind Singh Vs State of U.P.(A482/2613/2023), the bail condition, regarding the furnishing of the surety be lessened and the applicant be released on furnishing the personal bond with the amount to the satisfaction of this Hon'ble Court.
It is argued by the learned counsel for the applicant that the applicant was sent behind the bar since 31-01-2021 and there is no other previous criminal antecedent of the applicant. He added that the applicant is 19 years of age and he has been enlarged on bail vide order dated 22-05-2025 by the Sessions Judge, Lucknow, but, being unable to furnish sureties, he could not be released from jail.He submits that so far as the provisions of sections 441(2) and (3) of the Cr.P.C. is concerned, it is evident that bail bonds with or without sureties, could be accepted, while releasing the person, who is behind the bar.
In support of his contentions, he has placed reliance on the Judgment of the Hon'ble Apex Court rendered in the case of Moti Ram and Others Vs State of Madhya Pradesh, reported in (1978) 4 Supreme Court Cases,47 and has referred paragraph nos. 24,25 & 30 of the abovesaid Judgment, which are extracted hereinunder :-
24. Primarily Chapter XXXIII is the nidus of the law of bail. Section 436 of the Code speaks of bail but the proviso makes a contradistinction between 'bail' and 'own bond without sureties'. Even here there is an ambiguity, because even the proviso comes in only if, as indicated in the substantive part, the accused in a bailable offence 'is prepared to give bail'. Here, 'bail' suggests 'with or without sureties'. And, 'bail bond' in Sec-tion 436(2) covers own bond. Section 437(2) blandly speaks of bail but speaks of release on bail of persons below 16 years of age, sick or infirm people and women. It cannot be that a small boy or sinking invalid or pardanashin should be refused release and suffer stress and distress in prison unless sureties are haled into a far-off court with obligation for frequent appearance: 'Bail' there suggests release, the accent being on undertaking to appear when directed, not on the production of sureties. But Sec-tion 437(2) distinguishes between bail and bond without sureties.
25. Section 445 suggests, especially read with the marginal note, that deposit of money will do duty for bond 'with or without sureties'. Sec tion 441(1) of the Code may appear to be a stumbling block in the way of the liberal interpretation of bail as covering own bond with and without suretics. Superficially viewed, it uses the words 'bail' and 'own bond' as antithetical, if the reading is literal. Incisively understood, Section 441(1) provides for both the bond of the accused and the undertaking of the surety being conditioned in the manner mentioned in the sub-section. To read 'bail' as including only cases of release with sureties will stultify the sub-section; for then, an accused released on his own bond without bail, i.e. surety, cannot be conditioned to attend at the appointed place. Sec-tion 441(2) uses the word 'bail' to include 'own bond' loosely as meaning one or the other or both. Moreover, an accused in judicial custody, actual or potential, may be released by the court to further the ends of justice and nothing in Section 441(1) compels a contrary meaning.
30. If sureties are obligatory even for juveniles, females and sickly accused while they can be dispensed with, after being found guilty, if during trial when the presence to instruct lawyers is more necessary, an accused must buy release only with sureties while at the appellate level, suretyship is expendable, there is unreasonable restriction on personal liberty with discrimination writ on the provisions. The hornet's nest of Part III need not be provoked if we read 'bail' to mean that it popularly does, and lexically and in American Jurisprudence is stated to meau, viz. a generic expression used to describe judicial release from custodia juris, Bearing in mind the need for liberal interpretation in areas of social justice, individual freedom and indigents's rights, we hold that bail covers both-release on one's own bond, with or without sureties. When sureties should be demanded and what sum should be insisted on are dependent on variables."
Referring the aforesaid, he submits that the case of the present applicant is squarely covered with the ratio of Judgment abovesaid and therefore, the trial court may be directed to release the applicant on bail without furnishing any sureties.
Learned counsel appearing for the State, though has opposed the matter, but, he could not dispute the settled proposition of law in the case of Moti Ram (Supra).
Considering the submissions of learned counsels for the parties and after perusal of records, it transpires that the applicant is in jail since 31-01-2021 and he has taken specific plea in paragraph nos. 11 & 12 of the application, that there is no pairokar for him and therefore, he is unable to furnish the sureties.
The law enunciated in the case of Moti Ram (Supra) is apparent regarding acceptance of the bail bonds with or without sureties.
Considering the specific plea taken in paragraph nos.11 & 12 of the application and in view of settled proposition of law in the case of Moti Ram (Supra), the trial court is hereby directed to release the applicant on bail, without furnishing any sureties.
The instant application is hereby allowed in abovesaid terms.
Order Date :- 11.8.2025
AKS
