Allahabad High Court
Rijwan vs State Of U.P. on 7 July, 2021
Author: Saroj Yadav
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 31 Case :- U/S 482/378/407 No. - 2090 of 2021 Applicant :- Rijwan Opposite Party :- State of U.P. Counsel for Applicant :- Amar Singh Chuahan,Mangesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Saroj Yadav,J.
On account of prevailing Covid-19 Pandemic, the case was taken up through video conferencing.
Heard Mr. Amar Singh Chauhan, learned counsel for the applicant and Mr. Anurag Singh Chauhan, learned Additional Government Advocate for the State.
The present petition under Section 482 Cr.P.C. has been filed with a prayer to direct the learned court below to consider the sureties and personal bond in one case treating the same for all fourteen cases, which are as follows 1. Case Crime No.1183 of 2018, under Section 457/380/411 I.P.C. Police Station Gomti Nagar, Lucknow. 2. Case Crime No.1182 of 2018, under Section 457/380/411 I.P.C. Police Station Gomti Nagar, Lucknow 3. Case Crime No.1179 of 2018, under Section 457/380/411 I.P.C. Police Station Gomti Nagar, Lucknow, 4. Case Crime No.1124 of 2018, under Section 457/380/411 I.P.C. Police Station Gomti Nagar, Lucknow, 5. Case Crime No.1043 of 2018, under Section 457/380/411 I.P.C. Police Station P.G.I., Lucknow, 6. Case Crime No.1013 of 2018, under Section 457/380/411 I.P.C. Police Station P.G.I., Lucknow, 7. Case Crime No.1012 of 2018, under Section 457/380/411 I.P.C. Police Station P.G.I., Lucknow, 8. Case Crime No.989 of 2018, under Section 380/411 I.P.C. Police Station P.G.I., Lucknow, 9. Case Crime No.436 of 2018, under Section 457/380/411 I.P.C. Police Station Gomti Nagar, Lucknow, 10. Case Crime No.467 of 2018, under Section 380/411 I.P.C. Police Station Haidergarh, District Barabanki, 11. Case Crime No.981 of 2018, under Section 41/411/413 I.P.C. Police Station Kotwali, Barabanki, 12. Case Crime No.975 of 2018, under Section 457/380/411 I.P.C. Police Station Kotwali, Barabanki, 13. Case Crime No.495 of 2018, under Section 457/380/411 I.P.C. Police Station Haidergarh, Barabanki and 14.Case Crime No.331 of 2019, under Section 3(1) of U.P. Gangster Act, Police Station Kotwali Barabank in which the applicant has been granted bail.
Learned counsel for the applicant submits that it is impossible for the applicant to submit separate sureties in each fourteen cases in which he has been granted bail. The learned counsel further submits that the applicant has been granted bail in all the cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each case.
It is further submitted by learned counsel for the applicant that in similar circumstances, 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.
Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond in each case and two sureties of heavy amount in one case to the satisfaction of the Court concerned which shall be treated to be valid in all the fourteen cases wherein the bail orders have been passed in favour of the applicant. Other conditions remain unchanged.
Order Date :- 7.7.2021 A.K. Singh