Allahabad High Court
Vinod Kumar Verma vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 13 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 1365 of 2023 Applicant :- Vinod Kumar Verma 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 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 application, 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 two cases and accept only two sureties and one personal bond in lieu of all the sixteen 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 sixteen cases arising out of following Case Crime Numbers :-
1) Case Crime No. 282 of 2022, under Sections 307/411/414/120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Jagatpur, District-Raebareli.
2) Case Crime No. 144 of 2022, under Sections 457/380 I.P.C., Police Station-Jagatpur, District-Raebareli
3) Case Crime No. 147 of 2022, under Sections 307/411/414/120-B I.P.C., Police Station-Jagatpur, District-Raebareli
4) Case Crime No. 155 of 2022, under Sections 380/411/414/120-B I.P.C., Police Station-Jagatpur, District-Raebareli
5) Case Crime No. 191 of 2022, under Sections 380/457/411/414/120-B I.P.C., Police Station-Jagatpur, District-Raebareli.
6)Case Crime No. 506 of 2022, under Sections 411/413/414 I.P.C., Police Station-Lalganj, District-Raebareli.
7)Case Crime No. 410 of 2022, under Sections 411/413/414 I.P.C., Police Station-Lalganj, District-Raebareli.
8)Case Crime No. 292 of 2022, under Sections 413/414 I.P.C., Police Station-Deeh, District-Raebareli
9) Case Crime No. 319 of 2022, under Sections 413/414 I.P.C., Police Station-Deeh, District-Raebareli.
10)Case Crime No. 540 of 2022, under Sections 380/411/413/414 I.P.C., Police Station-Gurubuxganj District-Raebareli.
11)Case Crime No. 501 of 2022, under Sections 413/414 I.P.C., Police Station-Gurubuxganj District-Raebareli.
12)Case Crime No.285 of 2022, under Sections 413/414 I.P.C., Police Station-Sareni, District-Raebareli.
13)Case Crime No.284 of 2022, under Sections 413/414 I.P.C., Police Station-Sareni, District-Raebareli.
14)Case Crime No. 313 of 2022, under Sections 413/414 I.P.C., Police Station-Mill Area, District-Raebareli.
15)Case Crime No.322 of 2022, under Sections 380/411/413 I.P.C., Police Station-Bhadokhar, District-Raebareli.
15)Case Crime No.239 of 2022, under Sections 411/413 I.P.C., Police Station-Jagatpur, District-Raebareli.
He next added that despite the Trial Court granted the bail in aforesaid matters, the applicants are 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 petition is disposed off with a direction to the applicants to furnish a personal bond of Rs.1,00,000/- 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 :- 13.2.2023 AKS