Applicant granted bail in multiple cases could not furnish the required twelve sureties. Citing precedent permitting personal bonds and two sureties to hold good across cases, the court disposed of the petition directing that two sureties furnished in one case be treated as valid in all other cases where bail was granted.
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Neutral Citation No. - 2024:AHC-LKO:4087
Court No. - 11 Case :- APPLICATION U/S 482 No. - 299 of 2024 Applicant :- Gurudeen Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lucknow Counsel for Applicant :- Ashok Kumar Singh,Girish Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner and Ms. Nusrat Jahan, 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 six cases in which he has already been granted bail, but because of non-availability of about twelve 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 with a direction that petitioner shall file personal bonds in all the cases, however, two sureties in one case shall be furnished to the satisfaction of the Court concerned which shall be treated valid in all other cases wherein bail has been granted.
Order Date :- 16.1.2024 Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a bailed-out applicant with sureties unavailable may furnish two sureties valid across all cases in which bail was granted.
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
Gurudeen
State Of U.P. Thru. Its Prin. Secy. Home, Lucknow
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
