Single-judge High Court of UP modified an interim bail order quashing the requirement for two local sureties, permitting a cash deposit of Rs. 1,00,000/- in lieu, subject to conditions preventing departure and ensuring cooperation.
Modifications granted to allow cash deposit of Rs. 1,00,000/- in lieu of surety; applicant released on bail subject to conditions.
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Court No. - 49 Case :- APPLICATION U/S 482 No. - 17406 of 2018 Applicant :- Francis Opposite Party :- State Of U.P. Counsel for Applicant :- Hemendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed to quash the order dated 10.4.2018 passed by learned C.J.M., Aligarh in Case No. 4207 of 2018 (State of U.P. Vs. Avinash Dixit and others), under Sections 420, 467, 468, 471 IPC and Section 66 of the Information Technology Act, 2000, Police Station Quarsi, District Aligarh.
Learned counsel for the applicant submits that the applicant is a foreign national and, therefore, he is unable to furnish local surety demanded as a condition for grant of bail. He then filed an application for modification of surety demanded. The learned court below had rejected the same by the order dated 10.4.2018, hence the present application.
At present, the applicant has been required to two furnish sureties of Rs. 1,50,000/- each.
It has prayed that the said amount may be reduced to deposit cash of Rs. 50,000/-.
Learned A.G.A. has opposed the prayer of learned counsel for the applicant. He submits that the applicant being a foreign national, it is doubtful if his participation during trial may be ensured, if such modification is made without attaching appropriate conditions.
Having considered the aforesaid, the order dated 10.4.2018 passed by the learned C.J.M., Aligarh is modified to the extent that the applicant is permitted to deposit the cash amount of Rs. 1,00,000/- in lieu of surety with the C.J.M. concerned
Subject to deposit of such security amount and on furnishing a personal bond of the same amount the applicant be released on bail by C.J.M. Subject to the following further conditions:-
(i) The applicant shall not leave the country without prior permission of the learned trial court.
(ii) The applicant shall cooperative with the trial.
(iii) The applicant shall submit his passport with the learned court below, with due intimation of this order as also bail order to the Embassy of Nigeria. Such that no other, further or duplicate passport be issued to the applicant by that Embassy during the pendency of the aforesaid trial.
The present application is disposed of.
Order Date :- 23.5.2018/Mini
2 issues framed by the court
Whether bail conditions can be modified for a foreign national applicant to permit cash deposit instead of local surety.
Whether necessary safeguards are required to ensure the foreign national's participation in the trial.
Francis
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
