Petitioner bailed out in 52 cases sought relaxation of the surety condition as he could not find about 104 sureties. Citing Supreme Court and coordinate-bench precedents, the Court allowed a single personal bond of Rs. 5,00,000 and two surety bonds of Rs. 2,50,000 each to hold good for all 52 cases.
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Neutral Citation No. - 2024:AHC-LKO:3590
Court No. - 11
Case :- APPLICATION U/S 482 No. - 249 of 2024
Applicant :- Jai Prakash Prajapati
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Counsel for Applicant :- Sunil Kumar Singh,Sudhir Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
By means this petition, the petitioner has prayed to relax the condition of bail to the extent that accused applicant be allowed to file two sureties in any case and the same shall be treated adequate in all three cases in which he has already been bailed out.
It is stated by learned counsel for the petitioner that against the petitioner/ applicant there are 52 cases in which he has already been granted bail, but because of non-availability of about 104 sureties, he is unable to file bail bonds, therefore, in this regard a prayer has been made that the petitioner/ applicant may be permitted to file two sureties in all the cases. It is also stated that in similarly situated matters, this Court has granted relief.
It is further submitted by learned counsel for the petitioner 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 petitioner to submit personal bonds and two sureties of heavy amount to hold good in all the cases. Similarly, orders have been passed by a coordinate bench of this Court as well and one of such orders in Writ Petition (MS) No. 30481 of 2018 (Imran Vs. State of U.P.) decided on 16.11.2018, has also been filed.
In view of the above circumstances, this petition is disposed of finally.
Considering the fact that there are total 52 cases wherein the petitioner has been granted bail, therefore, the petitioner shall execute a personal bond of Rs. 5,00,000/- (Rupees Five Lacs only) and the same bond shall hold good for all 52 cases. There
shall be two sureties who shall execute the bond of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only) which bond shall hold good for all the 52 cases. It is clarified that the personal bond so executed by the petitioner and the bond so executed by the two sureties shall hold good for all the 52 cases.
[Rajesh Singh Chauhan, J.]
Order Date :- 12.1.2024/Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a bail applicant with 52 cases may furnish one personal bond and two sureties to hold good in all cases instead of separate sureties per case.
Colour shows how this judgement treated each authority
Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar PradeshRelied on
SLP (Crl.) No. 8914-8915/2018
Imran Vs. State of U.P.Relied on
Writ Petition (MS) No. 30481 of 2018
Jai Prakash Prajapati
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
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