Allowed

Omveer Singh v. State of U.P.

Allahabad HC6 Aug 2024A482/25423/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application seeking directions to the trial court to release the applicant on bail. The court held that requiring multiple sureties for six cases was unreasonable given the applicant's financial crisis and directed the trial court to accept sureties from one specific case for all pending charges.

What did the court decide?

Directed the trial court to release the applicant by accepting sureties from Case Crime No. 786 of 2012 for all six cases and pressing for a separate personal bond in each.

Omveer Singh vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164049

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 25423 of 2024

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Applicant :- Omveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the material on record.

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By means of the present application, the applicant has sought for a suitable direction to the learned trial court to consider the sureties and personal bond of one case for all the six cases, in which the applicant has been enlarged on bail by the learned trial court.

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Learned counsel for the applicant submits that the applicant has been enlarged on bail by the learned trial court in six cases; (i) vide order dated 11.3.2024 in Case Crime No.786 of 2012, under Section 25 of Arms Act, P.S. New Agra, District Agra on furnishing personal bond of Rs.20,000/- with two sureties each in the like amount; (ii) vide order dated 1.5.2024 in Case Crime No.732 of 2012, under Sections 392, 411 IPC, P.S. New Agra, District Agra on furnishing personal bond of Rs.1,00,000/- with two sureties each in the like amount; (iii) vide order dated 11.6.2024 in Case Crime No.556 of 2012, under Sections 379, 420, 411 IPC, P.S. Etmaddaula, District Agra on furnishing personal bond of Rs.20,000/- with two sureties each in the like amount; (iv) vide order dated 28.6.2024 in Case Crime No.268 of 2013, under Section 2/3 of Gangsters Act, P.S. New Agra, District Agra on furnishing personal bond of Rs.1,00,000/- with two sureties each

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in the like amount; (v) vide order dated 9.7.2024 in Case Crime No.639 of 2012, under Sections 392, 411 IPC, P.S. New Agra, District Agra on furnishing personal bond of Rs.1,00,000/- with two sureties each in the like amount; and (vi) vide order dated 10.7.2024 in Case Crime No.763 of 2018, under Sections 411, 414, 420 IPC, P.S. Etmaddaula, District Agra on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount. He further submits that the trial court has directed the applicant to file separate personal bonds and two sureties for each case, however, the applicant has not been set at liberty as he is unable to arrange the sureties in the aforesaid cases due to financial crisis and lack of human resources. The applicant has been languishing in jail since 25.11.2023.

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The prayer made by learned counsel for the applicant is that the applicant may be permitted to produce a single surety for the aforesaid six cases so that he could be set at liberty in pursuance of the bail orders.

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Per-contra, learned A.G.A. contends that sureties serve an important role in securing presence of accused before the court, but fairly admits that sureties should be just and reasonable.

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Considering the submissions of learned counsel for the applicant and the law in this regard, this Court finds that the requirement of multiple sureties is unreasonable in the facts-circumstances of the instant case.

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The right of fundamental liberties of the applicant is being curtailed on account of his poverty and inability to arrange multiple sureties for cases instituted against him.

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The trial court is directed to release the applicant by treating the sureties of Case Crime No.786 of 2012, under Section 25 of Arms Act, P.S. New Agra, District Agra as sureties for all the aforesaid cases, the court may press for personal bond of the applicant in all the cases, separately.

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With the aforesaid observations the application is allowed .

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Order Date :- 15.10.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Omveer Singh v. State of U.P.

Case brief

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Omveer Singh v. State of U.P.

Case brief

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