Allahabad High Court
Sunil Vanwasi And Another vs State Of U.P. on 3 October, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:162257 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl. No.41) Court No. - 79 Case :- APPLICATION U/S 482 No. - 22950 of 2024 Applicant :- Sunil Vanwasi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Jeet Singh,Hari Bans Singh,Md Zakir Husain,Md. Nuruddin Khan Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
Heard learned counsel for the applicants and the learned Additional Government Advocate for the State.
This application under Section 482 Cr.P.C. has been filed seeking a direction upon the court below to accept a personal bond and two sureties in one case being Case Crime No. 27 of 2023 under Sections 457, 380, 411, 413 I.P.C., Police Station- Bansdeeh Road, District- Ballia.
The contention of learned counsel for the applicants is that the applicants are involved in several criminal cases for various offences. The bail has been granted in all the cases but the applicants are unable to manage the separate surety bonds, hence, they could not submit their bail bonds in all the cases. Therefore, they have requested that the learned court below concerned be directed to consider the sureties and personal bond in one case treating the same for all the cases.
Learned counsel for the applicants has indicated the details of the aforesaid cases of the applicant no.1 in the memo of application as under:-
(1) Case Crime No.197 of 2022, under Sections-380, 457, 411, 413, 414 I.P.C., Police Station- Ubhaon, District-Ballia.
(2) Case Crime No.202 of 2022, under Sections- 457, 380, 411, 413, 414 I.P.C., Police Ubhaon, District-Ballia.
(3) Case Crime No.204 of 2022, under Sections-399, 402 I.P.C., Police Ubhaon, District-Ballia.
(4) Case Crime No.26 of 2023, under Sections-457, 380, 411, 413 I.P.C., Police Station-Bansdih Road, District-Ballia.
(5) Case Crime No.27 of 2023, under Sections-457, 380, 411 and 413 I.P.C., Police Station-Bansdih Road, District-Ballia.
(6) Case Crime No.204 of 2023, under Sections-457, 380, 411 I.P.C., Police Station- Sikandarpur, District-Ballia.
(7) Case Crime No.211 of 2023, under Sections-457, 380, 411, 413 I.P.C., Police Station- Sahatwar, District-Ballia.
(8) Case Crime No.220 of 2023, under Sections-457, 380, 411 I.P.C., Police Station- Phephana, District-Ballia.
(9) Case Crime No.239 of 2023, under Sections-457, 380 I.P.C., Police Station- Phephana, District- Ballia.
(10) Case Crime No.301 of 2023, under Section-411, 413, 457, 380 I.P.C. and Section 3/25 of Arms Act, Police Station- Nagra Ballia, District- Ballia.
(11)Case Crime No.307 of 2023, under Sections- 380 I.P.C., Police Station- Kotwali, District- Ballia, and (12)Case Crime No.469 of 2023, under Sections- 380 I.P.C., Police Station- Kotwali, District- Ballia.
The details of the aforesaid cases of the applicant no.2 in the memo of application as under:-
(1) Case Crime No.26 of 2023, under Sections- 457, 380, 411, 413 I.P.C., Police Station- Bansdih Road, District- Ballia.
(2) Case Crime No.27 of 2023, under Sections-380, 457, 411, 413 I.P.C., Police Station- Bansdih, District-Ballia.
(3) Case Crime No.204 of 2023, under Sections-380, 457 I.P.C., Police Station- Sikandarpur, District- Ballia.
(4) Case Crime No.211 of 2023, under Sections-380, 457, 411, 413 I.P.C., Police Station-Sahatwar, District-Ballia.
(5) Case Crime No.220 of 2023, under Sections-380, 457 I.P.C., Police Station- Phephana, District- Ballia.
(6) Case Crime No.239 of 2023, under Sections-380, 457, 411, 413 I.P.C., Police Station- Phephana, District- Ballia.
(7) Case Crime No.301 of 2023, under Sections-380, 457, 411, 413, 414 I.P.C. and 3/25 of Arms Act, Police Station- Nagra, District- Ballia.
(8) Case Crime No.307 of 2023, under Sections-380, 411, 413 I.P.C., Police Station-Kotwali, District-Ballia, and (9) Case Crime No.469 of 2023, under Sections-380, 411, 413 I.P.C., Police Station- Kotwali, District-Ballia.
The Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P. vide order dated 29th October, 2018 passed in S.L.P (Crl.) No(s). 8914-8915 of 2018 has directed that the learned court below to accept the sureties and personal bond in one case and treat the same for all other cases, which is quoted herein below:
"Heard learned counsel for the parties. The petitioner is said to have been involved in 31 criminal cases for various offences.
The Trial Court granted bail in all the 31 cases by different orders inter alia on condition of arranging two sureties each in all the cases.
The petitioner moved the High Court under Section 482 of the Criminal Procedure Code, contending that it was impossible for the petitioner to arrange 62 sureties.
It is the case of the petitioner that the High Court had in similar circumstances granted bail to the petitioner with two sureties of Rs. 1,00,000/- (Rupees One lakh only) in the case under Gangster Act and the same sureties were to be the sureties in all other cases as well, by an order dated 21.9.2017. The petitioner was directed to execute personal bond of Rs. 30,000/- in each case.
However, by the impugned order, the High Court has modified the conditions of bail imposed by the Trial Court in the instant cases by directing the Trial Court to accept one common surety for all the cases and one surety each for the 31 cases.
Learned counsel for the petitioner submits that even though the Court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties.
Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases.
With these observations, the Special Leave Petitions are disposed of.
Pending applications, if any, shall stand disposed of."
Learned Additional Government Advocate has not disputed the aforesaid legal position being settled by the Hon'ble Supreme Court.
Accordingly, the petition is disposed of and it is provided that the applicants shall furnish a personal bond for Rs. 75,000/-each and the same personal bond shall hold good for all the cases. There shall be two sureties who shall execute the bond for Rs. 75,000/-each, which bond shall hold good for all the cases. It is clarified that the personal bond so executed by the applicants and the bond so executed by the two sureties shall hold good for all the cases. If this is done, the said personal bond and two sureties may be treated to be valid in all the aforesaid cases, wherein they have been released on bail and the same shall be deemed to be adequate compliance of all the bail orders.
Order Date :- 3.10.2024 Mini (Anish Kumar Gupta,J.)