Allowed

Javed v. State of U.P.

Allahabad HC2 Oct 2024NA528/33571/2024

Case brief

AI extract

What is this about?

The High Court allowed an application by an indigent accused detained in jail. It directed the trial court to release him by accepting a single surety for three pending bail orders instead of requiring separate sureties for each case, finding the multiple surety demand unreasonable. The application was disposed with a direction to the trial court.

What did the court decide?

Directed the trial court to release the applicant on furnishing one single surety and seeking a personal bond separately for all three cases.

Javed Vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:162133

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Court No. - 80

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Case :- APPLICATION U/S 528 BNSS No. - 33571 of 2024

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Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey 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 material on record.

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

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Learned counsel for the applicant submits that the applicant has been enlarged on bail by the trial court in three cases; (i) vide order dated 25.1.2024 in Case Crime No.468 of 2023, under Sections 379, 411, 420 IPC, P.S. Budhana, District Muzaffar Nagar on furnishing personal bond of Rs.1 lac with two sureties each in the like amount to the satisfaction of the court; (ii) vide order dated 25.1.2024 in Case Crime No.472 of 2023, under Sections 379, 411, 420 IPC, P.S. Budhana, District Muzaffar Nagar on furnishing personal bond in the sum of Rs.1 lac with two sureties each in the like amount; and (iii) vide order dated 25.1.2024 in Case Crime No.473 of 2023, under Section 414 IPC & 4/25 of Arms Act, P.S. Budhana, District Muzaffar Nagar on furnishing personal bond of Rs.1 lac with two sureties each in the like amount. He further submits that the trial court has directed the applicant to file

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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 aforesaid cases due to financial and lack of human resources. The applicant has been languishing in jail since 23.10.2023.

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The prayer made by learned counsel for the applicant is that the applicant is an indigent person and he is not in a position to arrange the surety, therefore, he may be permitted to produce a single surety like minimum amount for the aforesaid three 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, this Court finds that the demand of multiple sureties is unreasonable.

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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 on his furnishing one single surety and may seek personal bond separately in all the aforesaid cases.

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With the aforesaid observations the application is allowed.

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Order Date :- 3.10.2024 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

Javed v. State of U.P.

Case brief

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Javed v. State of U.P.

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