Nitin Keshavji Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

Nitin Keshavji Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with directions to the learned trial court to fix the sureties after due application of mind in light of Arvind Singh (supra) and Hani Nishad @ Mohammad Imran @ Vikky (supra), and to ensure that the right of bail granted by this Court is not frustrated by arbitrary demands of sureties unrelated to the socioeconomic status of the applicant.

Issue for consideration

Whether the sureties fixed by the learned trial court while granting bail to the applicant were excessive and fixed mechanically without regard to his socioeconomic status, requiring re-fixation in light of Arvind Singh (supra) and Hani Nishad (supra).

Court's answer

The learned trial court is directed to fix the sureties after due application of mind in light of the judgements rendered by this Court in Arvind Singh (supra) and by the Supreme Court in Hani Nishad @ Mohammad Imran @ Vikky (supra).

Ratio / Principle

The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties which are unrelated to the socioeconomic status of the applicant.

Detailed headnote1 paragraphs

Bail — fixation of sureties — applicant enlarged on bail by the High Court on 19.12.2023 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2876 of 2023 aggrieved by excessive sureties fixed by the learned trial court; trial court held to have mechanically fixed sureties without applying its mind to relevant considerations including the socioeconomic status of the applicant — learned trial court directed to fix sureties after due application of mind in light of Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) and Hani Nishad @ Mohammad Imran @ Vikky v. State of Uttar Pradesh (SLP (Crl. No. 8914-8915/2018)) — trial court to ensure that the right of bail granted by the High Court is not frustrated by arbitrary demands of sureties unrelated to the socioeconomic status of the applicant — Application U/S 482 disposed of. (High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Ajay Bhanot, J.; Order Date 21.3.2024; Neutral Citation No. 2024:AHC-LKO:25231)

Neutral Citation No. - 2024:AHC-LKO:25231

Court No. - 29

Case :- APPLICATION U/S 482 No. - 2610 of 2024

Applicant :- Nitin Keshavji Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Vivek Raghubanshi Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Supplementary affidavit filed by the learned counsel for the applicant is taken in the record.

The applicant is aggrieved by the excessive sureties fixed by the learned trial court while granting him bail on 19.12.2023. The applicant has been enlarged on bail by this Court rendered on 19.12.2023 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2876 of 2023 (Nitin Keshavji v. State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others).

It is submitted by Shri Vivek Raghubanshi, learned counsel for the applicant that the applicant is unable to arrange sureties in every single case which is pending against him. The applicant does not have the social standing or the economic status to provide for securities of this nature.

The learned trial court mechanically fixed the sureties without applying its mind to all relevant considerations including the socioeconomic status of the applicant as envisaged by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S

482 No.2613 of 2023) and Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh rendered by the Supreme Court in SLP (Crl. No. 8914-8915/2018) .

The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh (supra) and Hani Nishad @ Mohammad Imran @ Vikky (supra) .

The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties which are unrelated to the socioeconomic status of the applicant.

The Application U/S 482 is disposed of.

Order Date :- 21.3.2024 Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench