Single judge allowed petitioner to deposit personal bond and two sureties in one case, valid for four other bail cases, citing Hani Nishad.
Directive to furnish a personal bond of Rs.1,00,000/- and two sureties of like amount in one case valid for four cases.
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Neutral Citation No. - 2024:AHC-LKO:24286
Court No. - 27
Case :- APPLICATION U/S 482 No. - 2644 of 2024
Applicant :- Lalit Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajnish Ojha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rajnish Ojha, the learned counsel for the applicant as well as Smt. Parul Kant, the learned Additional Government Advocate-I and perused the file, including the Annexures attached therewith.
2. The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in four cases in which the applicant has been granted bail, details of which are as under:
"1. Case Crime No.50 of 2024, under Sections 379, 411 I.P.C. Police Station Harchandpur, District Raebareli;
2. Case Crime No.18 of 2024, under Section 380, 411 I.P.C. Police Station Harchandpur, District Raebareli;
3. Case Crime No.97 of 2024, under Sections 379, 411 I.P.C. Police Station Gurubakshganj, District Raebareli; and
4. Case Crime No.62 of 2024, under Sections 379, 411 I.P.C. and Section 4/25 Arms Act, Police Station Bachhrawan, District Raebareli."
3. Learned counsel for the applicant submit that it is impossible for the applicant to submit separate sureties in each case in which he has been granted bail. The learned counsel further
submits that the applicant has been granted bail in all the cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each cases.
4. It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018 ) the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in all the cases.
5. Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount in one case which shall be treated to be valid in other four cases wherein the bail orders have been passed.
(Subhash Vidyarthi, J.)
Order Date :- 19.3.2024 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner can deposit personal bonds and sureties in one case to hold good for four separate bail matters simultaneously.
Colour shows how this judgement treated each authority
Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar PradeshFollowed¶14
Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018]
1 provisions across 1 enactments
Lalit Sharma
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
