Allahabad High Court
Shankar @ Shivam 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:11341
Court No. - 18
Case :- APPLICATION U/S 482 No. - 1488 of 2025
Applicant :- Shankar @ Shivam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Sagar Singh,Shri Ram Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P./opposite party.
This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to pass a direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the three cases.
Learned counsel for the applicant submits that applicant has been implicated in three cases and in all the cases, he has been granted bail by the court with certain conditions, the details of cases and bail orders are given hereinbelow :
(i) Case Crime No. 188 of 2024, under Sections 331(4), 305, 317(2) BNS, Police Station Dahi, District Unnao, in which the applicant has been granted bail by the Court below vide order dated 30.09.2024.
(ii) Case Crime No. 248 of 2024, under Sections 309(4), 317(2) BNS, Police Station Ajgain, District Unnao, in which the applicant has been granted bail by the Court below vide order dated 13.12.2024.
(iii) Case Crime No. 242 of 2024, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Dahi, District Unnao, in which the applicant has been granted bail by the Coordinate Bench of this Court vide order dated 05.02.2025.
Copy of the bail orders have been annexed as Annexure No. 3 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 three cases, in which applicant has been granted bail.
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 anticipatory bail orders in the aforesaid three cases shall remain intact.
With the aforesaid directions, the instant application stands allowed.
Order Date :- 21.2.2025
Shubham
