Allahabad High Court
Chand Babu @ Chandu vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 19 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:34963 Court No. - 28 Case :- APPLICATION U/S 482 No. - 4943 of 2023 Applicant :- Chand Babu @ Chandu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Mohd.Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the material placed on record.
By means of the instant applicant, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every twenty two cases and accept only two sureties and one personal bond in lieu of all the twenty two cases.
The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which, he has been granted bail. He added that the applicant has been granted bail in twenty two cases arising out of following Case Crime Numbers :-
1) Case Crime No. 11 of 2022, under Sections 457,380 & 411 of IPC, PS - Hasanganj, District -Lucknow.
2) Case Crime No. 13 of 2022, under Sections 457,380 & 411 of IPC, PS - Indira Nagar, District -Lucknow.
3)Case Crime No. 18 of 2022, under Sections 457,380 & 411 of IPC, PS -Vikas Nagar District -Lucknow.
4)Case Crime No. 19 of 2022, under Sections 457,380 & 411 of IPC, PS -Vikas Nagar District -Lucknow.
5)Case Crime No. 22 of 2022, under Sections 457,380 & 411 of IPC, PS -Aliganj, District -Lucknow.
6)Case Crime No. 26 of 2022, under Sections 457,380 & 411 of IPC, PS -Hasanganj District -Lucknow.
7)Case Crime No. 29 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon,District -Lucknow.
8)Case Crime No. 41 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
9)Case Crime No. 45 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
10)Case Crime No. 54 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
11)Case Crime No. 69 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
12)Case Crime No. 72 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
13)Case Crime No. 76 of 2022, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
14)Case Crime No. 224 of 2021, under Sections 457,380 & 411 of IPC, PS -Vikas Nagar, District -Lucknow.
15)Case Crime No. 318 of 2021, under Sections 457,380 & 411 of IPC, PS -Hasanganj, District -Lucknow.
16)Case Crime No. 350 of 2021, under Sections 457,380 & 411 of IPC, PS -Indiara Nagar, District -Lucknow.
17)Case Crime No. 357 of 2021, under Sections 457,380 & 411 of IPC, PS -Indira Nagar, District -Lucknow.
18)Case Crime No. 528 of 2021, under Sections 457,380 & 411 of IPC, PS -Gudamba, District -Lucknow
19)Case Crime No. 583 of 2021, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
20)Case Crime No. 624 of 2021, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow
21)Case Crime No. 632 of 2021, under Sections 457,380 & 411 of IPC, PS -Madiyaon, District -Lucknow.
22)Case Crime No. 282 of 2021, under Sections 2/3 of U.P. Gangster Act, PS -Madiyaon, District -Lucknow.
He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being poor person, he is unable to produce the sureties in each cases. It is further submitted by the learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018] the Supreme Court vide order dated 29.10.2018 has permitted the petitioners to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases.
Referring the aforesaid judgement and order, he submits that the applicant may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra).
Considering the aforesaid fact, the application is disposed off with a direction to the applicant to furnish a personal bond of Rs.2,00,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other cases wherein the bail orders have been passed.
Order Date :- 19.5.2023 AKS