Allahabad High Court
Pradeep Kumar Pasi vs State Of U.P. Thru. Prin. Secy. Home, ... on 11 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 3429 of 2023 Applicant :- Pradeep Kumar Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Vinay Kumar Shahi, learned A.G.A. for the State and perused the entire record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned court below not to insist upon the petitioner to file two separate surety bonds in each and every cases, and accept only two sureties in lieu of all the 17 cases.
It is submitted by learned counsel for the applicant that in all the 17 criminal cases bearing Case Crime No.282 of 2022, under Sections 307, 411, 120B I.P.C., 7 CLA Act, Police Station- Jagatpur, District- Raebareli; Case Crime No.144 of 2022, under Sections 457, 380, 411 I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.147 of 2022, under Sections 380, 411, 414, 120B I.P.C., Police Station Jagatpur, District Raebareli; Case Crime No.155 of 2022, under Sections 380, 411, 414, 120B I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.191 of 2022, under Sections 380, 457, 411, 414, 120B I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.506 of 2022, under Sections 411, 413, 414 I.P.C., Police Station- Lalganj, District- Raebareli; Case Crime No.410 of 2022, under Sections 411, 413, 414 I.P.C., Police Station- Lalganj, District- Raebareli; Case Crime No.292 of 2022, under Sections 413, 414 I.P.C., Police Station- Deeh, District- Raebareli; Case Crime No.319 of 2022, under Sections 413, 414 I.P.C., Police Station- Deeh, District- Raebareli; Case Crime No.540 of 2022, under Sections 380, 411, 414 I.P.C., Police Station- Gurubuxganj, District- Raebareli; Case Crime No.501 of 2022, under Sections 413, 414 I.P.C., Police Station- Gurubuxganj, District- Raebareli; Case Crime No.285 of 2022, under Sections 413, 414 I.P.C., Police Station- Sareni, District- Raebareli; Case Crime No.284 of 2022, under Sections 413, 414 I.P.C., Police Station- Sareni, District- Raebareli; Case Crime No.313 of 2022, under Sections 413, 414 I.P.C., Police Station- Mill Area, District- Raebareli; Case Crime No.322 of 2022, under Sections 380, 411, 413 I.P.C., Police Station- Bhadokhar, District- Raebareli; Case Crime No.239 of 2022, under Sections 411, 413 I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.286 of 2022, under Sections 3/25 Arms Act I.P.C., Police Station- Jagatpur, District- Raebareli, the applicant has already been granted bail by the court below subject to filing a personal bond and two sureties each 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 Court below should be directed to release the applicant on filing his personal bond and two sureties in all only.
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 inseparable 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.
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 17 cases with the condition to file a personal bond and two sureties in each cases.
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.
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.282 of 2022, under Sections 307, 411, 120B I.P.C., 7 CLA Act, Police Station- Jagatpur, District- Raebareli; Case Crime No.144 of 2022, under Sections 457, 380, 411 I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.147 of 2022, under Sections 380, 411, 414, 120B I.P.C., Police Station Jagatpur, District Raebareli; Case Crime No.155 of 2022, under Sections 380, 411, 414, 120B I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.191 of 2022, under Sections 380, 457, 411, 414, 120B I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.506 of 2022, under Sections 411, 413, 414 I.P.C., Police Station- Lalganj, District- Raebareli; Case Crime No.410 of 2022, under Sections 411, 413, 414 I.P.C., Police Station- Lalganj, District- Raebareli; Case Crime No.292 of 2022, under Sections 413, 414 I.P.C., Police Station- Deeh, District- Raebareli; Case Crime No.319 of 2022, under Sections 413, 414 I.P.C., Police Station- Deeh, District- Raebareli; Case Crime No.540 of 2022, under Sections 380, 411, 414 I.P.C., Police Station- Gurubuxganj, District- Raebareli; Case Crime No.501 of 2022, under Sections 413, 414 I.P.C., Police Station- Gurubuxganj, District- Raebareli; Case Crime No.285 of 2022, under Sections 413, 414 I.P.C., Police Station- Sareni, District- Raebareli; Case Crime No.284 of 2022, under Sections 413, 414 I.P.C., Police Station- Sareni, District- Raebareli; Case Crime No.313 of 2022, under Sections 413, 414 I.P.C., Police Station- Mill Area, District- Raebareli; Case Crime No.322 of 2022, under Sections 380, 411, 413 I.P.C., Police Station- Bhadokhar, District- Raebareli; Case Crime No.239 of 2022, under Sections 411, 413 I.P.C., Police Station- Jagatpur, District- Raebareli; Case Crime No.286 of 2022, under Sections 3/25 Arms Act I.P.C., Police Station- Jagatpur, District- Raebareli, and thereafter he shall be released on bail in accordance with law, if he is not wanted in any other case.
With the above observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 11.4.2023 Manoj K.