Allahabad High Court
Suraj Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 February, 2025
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:11404
Court No. - 18
Case :- APPLICATION U/S 482 No. - 1664 of 2025
Applicant :- Suraj Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Rajeev Kumar Mishra Rudra
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P./opposite party no. 1.
This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to pass direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the eight cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in eight cases and in all the cases he has been granted bail by the Court with certain conditions, the details of cases and bail orders is given hereinbelow :
(1) Case Crime No. 661 of 2024, under Sections 317(2), 317(4), 317(5) BNS, P.S. Kotwali Nagar, District Gonda.
(2) Case Crime No. 603 of 2024, under Sections 303(2), 317(2) BNS, P.S. Kotwali Nagar, District Gonda.
(3) Case Crime No.655 of 2024, under Sections 379, 411 IPC, P.S. Kotwali Nagar, District Gonda.
(4) Case Crime No. 393 of 2024, under Sections 379, 411 IPC, P.S. Kotwali Nagar, District Gonda.
(5) Case Crime No. 615 of 2024, under Sections 303(2), 317(2) BNS, P.S. Kotwali Nagar, District Gonda.
(6) Case Crime No. 390 of 2023, under Sections379, 411 IPC, P.S. Kotwali Nagar, District Gonda.
(7) Case Crime No. 515 of 2022, under Sections 457, 380, 411 IPC, P.S. Kotwali Dehat, District Gonda.
(8) Case Crime No. 517 of 2022, under Section 401 IPC, P.S. Kotwali Dehat, District Gonda.
All the bail orders have been annexed as Annexure No. 1 to the affidavit.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal bond and two sureties each for the aforementioned cases. He prays that the court below may be directed to accept a personal bond of suitable amount and two sureties for all the eight cases in which applicant has been granted bail but cannot be enlarged from jail due to his inability to arrange the personal bonds and sureties.
In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, 2018 SCC OnLine SC 3946, wherein the Court in similar circumstances has directed that the petitioner therein shall execute a personal bond for Rs. 30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein.
Learned A.G.A. on the other hand submits that looking into the serious nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant.
In the light of above, it is provided that the bail orders granting bail to the applicant in the aforesaid cases, stand modified to the extent that the applicant shall furnish and execute personal bond of Rs. 25,000/- and two sureties of like amount to the satisfaction of the court concerned, and the same shall hold good for all the cases mentioned herein above.
Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective bail orders in the aforesaid eight cases shall remain intact.
With the aforesaid directions the application stands allowed.
Order Date :- 21.2.2025
Mohd. Sharif
