Allahabad High Court
Indra Kharwar vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 28 July, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:49715 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7277 of 2023 Applicant :- Indra Kharwar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Arshad Ahsan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to direct the court below to allow the applicant to submit only a personal bond and two sureties in lieu of twenty nine cases.
3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in twenty nine cases, details of which are as under:
(i). Case Crime No.289 of 2022, under Sections 399, 402 I.P.C., Police Station Bachrawan, District Raebareli.
(ii). Case Crime No.217 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Bachrawan, District Raebareli.
(iii). Case Crime No.251 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Bachrawan, District Raebareli.
(iv). Case Crime No.147 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Bachrawan, District Raebareli.
(v). Crime No.20 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(vi). Crime No.51 of 2022, under Sections 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(vii). Crime No.70 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(viii). Crime No.191 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(ix). Crime No.196 of 2022, under Sections 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(x). Crime No.120 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Deeh, District Raebareli.
(xi). Crime No.241 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Unchahar, District Raebareli.
(xii. Crime No.195 of 2022, under Sections 380, 411 I.P.C., Police Station Shivgarh, District Raebareli.
(xiii). Crime No.189 of 2022, under Sections 380, 411 I.P.C., Police Station Gurubuxganj, District Raebareli.
(xiv). Crime No.42 of 2022, under Sections 380, 411 I.P.C., Police Station Sareni, District Raebareli.
(xv). Crime No.70 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Jagatpur, District Raebareli.
(xvi). Crime No.121 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Maharajganj, District Raebareli.
(xvii). Crime No.181 of 2021, under Sections 457, 380, 411 I.P.C., Police Station Harchandpur, District Raebareli.
(xviii). Crime No.389 of 2021, under Sections 380, 411 I.P.C., Police Station Badhokhar, District Raebareli.
(xix). Crime No.164 of 2022, under Sections 380, 411 I.P.C., Police Station Sareni, District Raebareli.
(xx). Crime No.655 of 2021, under Sections 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxi). Crime No.85 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxii). Crime No.210 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxiii). Crime No.239 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxiv). Crime No.240 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxv). Crime No.325 of 2022, under Sections 380, 411 I.P.C., Police Station Kotwali, District Raebareli.
(xxvi). Crime No.451 of 2022, under Sections 380, 411 I.P.C., Police Station Unchahar, District Raebareli.
(xxvii). Crime No.342 of 2022, under Sections 457, 380 I.P.C., Police Station Harchandpur, District Raebareli.
(xxviii). Crime No.214 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Mill Area, District Raebareli.
(xxix). Crime No.310 of 2022, under Sections 379, 411 I.P.C., Police Station Kotwali, District Raebareli.
4. It has been submitted that the applicant has been granted bail by the court below as well as by this Court in all the aforesaid cases, but furnishing of fifty eight sureties in twenty nine different cases is almost impracticable as the applicant is very poor person and he will not be able to arrange fifty eight sureties to get bail.
5. Learned counsel for the applicant has also relied the judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018].
6. Learned A.G.A., however, opposes the prayer of the learned counsel for the applicant and submits that it is always the discretion and satisfaction of the trial court, so far as the acceptance of the sureties is concerned.
7. Having heard learned counsel for the rival parties, it appears that the only grievance of the applicant appears to be that, despite having obtained the order of the bail in all the cases, he is not able to come out of the prison for the reason that he is unable to find separate sureties for each case and, thus, a prayer has been made that, applicant be permitted to file same sureties in all the twenty nine cases and a suitable direction in this regard be given to the court below.
8. The acceptance of the sureties and their verification is the prerogative of the trial court and the same, in any case, could not be controlled by this Court. Sufficient guidelines in this regard have already been given by the High Court on administrative side to the subordinate courts. However, as far as the grievance of the applicant, pertaining to the fact that he is not in a position to arrange separate sureties for twenty nine cases, is concerned, the answer to this apprehension and grievance is implicit in Section 441-A of Code of Criminal Procedure, which is reproduced as under:-
"Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."
9. Perusal of this Section shows that, a person, who is intending to be the surety of any accused person, is obliged to declare before the Court that apart from the person, to whom he is standing surety, for how many other accused persons, he has stood surety. Therefore, the texture of the Section 441-A of the Cr.P.C., which has been introduced by way of amendment made in the year 2006 clearly reflects that a person may stand surety for more than one accused person and in more than one case. So there appears no bar for a person to stand surety in more than one case and also for more than one accused person.
10. However, as stated earlier, the status, verification and the competency of the surety will always be assessed by the trial court before acceptance.
11. Thus, it is directed that, if same sureties are placed before the court below and they are otherwise competent and their status and other particulars have been duly verified, the court below, in its discretion, may accept the same in all the cases mentioned hereinbefore.
12. With the aforesaid observations, the application is finally disposed of.
Order Date :- 28.7.2023 Gaurav/-