Allahabad High Court
Bajrang Dattu Tawar vs State Of U.P. Thru.Prin.Secy. Home on 15 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:33297 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4724 of 2023 Applicant :- Bajrang Dattu Tawar Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Dharmendra Kumar Yadav,Avinash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Avinash Tripathi, learned counsel for the applicant, Sri Rajeev Kumar Verma, learned A.G.A. for the State and perused the entire record.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant praying inter alia following relief:-
"Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to grant reprieve to the applicant to the extent that to release the applicant from jail furnishing the personal bonds and two sureties in all 3 cases as mentioned above."
3. It is submitted by learned counsel for the applicant that in all the three criminal cases bearing Case Crime No.348 of 2019, under Section 406 I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya, Case Crime No.535 of 2020, under Section 174A I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya and Case Crime No.644 of 2021, under Section 406 I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya, the applicant has already been granted bail by the court below subject to filing a personal bond and two sureties in the like amount. However, the applicant being unable to arrange two sureties for each case is still languishing in jail. He, thus, submits that the condition of filing two sureties each be relaxed and the applicant should be directed to be released on filing his personal bonds only.
4. Per contra, learned A.G.A. has opposed the prayer made by learned counsel for the applicant by submitting that the condition of filing two sureties and bonds is inseperable part of the order granting bail to the applicant. Therefore, the applicant cannot be exempted from filing sureties bonds as directed by learned trial Court.
5. Having heard learned counsel for parties and upon perusal of the record it transpires that the applicant has already been granted bail in the aforesaid three cases with the condition to file a personal bond and two sureties in each cases.
6. Learned counsel for the applicant has relied upon the decision of Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vicky vs. The State of Uttar Pradesh in Special Leave to Appeal No. 8914-8915 of 2018, decided on 31.10.2013, in which, Hon'ble Apex Court has passed the order directing the accused to execute one personal bond and two sureties in all cases, in which, he was enlarged on bail.
7. Thus, having regard to the overall aforesaid facts and circumstances of the case, it is provided that the applicant shall furnish a personal bond of the amount specified by the learned trial Court and one surety in each cases i.e. Case Crime No.348 of 2019, under Section 406 I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya, Case Crime No.535 of 2020, under Section 174A I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya and Case Crime No.644 of 2021, under Section 406 I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya, and thereafter he shall be released on bail in accordance with law, if he is not wanted in any other case.
8. With the above observations, this application under Section 482 Cr.P.C. is finally disposed of.
(Ajai Kumar Srivastava-I, J.) Order Date :- 15.5.2023 cks/-