Allahabad High Court
Ramakant vs State Of U.P. Thru. Prin. Secy. Home, ... on 27 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- APPLICATION U/S 482 No. - 4658 of 2022 Applicant :- Ramakant Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Jalaj Kumar Gupta,Jalaj Kumar Gupta,Mohd Javed Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
(C.M. Application No.1 of 2022) The instant application for modification of order dated 19.07.2022 passed by this Court in Application U/S No.4658 of 2022 has been moved on the ground that it is not possible for the applicant-accused to arrange the sureties of the amount of Rs.8,55,000/-, which is total of the amount of sureties required by the criminal courts in all the 13 cases, wherein bail has been granted to the applicant and at the most the applicant may arrange sureties, which may have a property of the value of Rs.3 lakh and thus the order dated 19.07.2022 passed by this Court be suitably modified.
No objection in this regard has been made by learned A.G.A.
Having heard learned counsel for the parties and having perused the record, it is evident that this Court on 19.07.2022 in Application U/S No.4658 of 2022 has passed the following order:
"Heard learned counsel for applicant and learned A.G.A. for the State as well as perused the record.
The present 482 Cr.P.C. application has been filed by the applicant- Ramakant requesting to direct the learned Court below not to insist the applicant to file separate surety bonds in the 13 criminal cases and to accept one surety in lieu of all 13 cases mentioned below.
The applicant has stated to be involved in following 13 cases and obtained bail orders:
(1) Case Crime No. 91/2022, under Sections 457, 380, 411 IPC, Police Station Mishrikh, District Sitapur. (2) Case Crime No. 92/2022, under Sections 457, 380, 411 IPC, Police Station Mishrikh, District Sitapur. (3) Case Crime No. 170 of 2022, under Sections 147, 148, 149, 307, 420 IPC, Police Station Mishrikh, District Sitapur. (4) Case Crime No. 151 of 2022, under Sections 457, 380 IPC, Police Station Pisawan, District Sitapur. (5) Case Crime No. 152 of 2022, under Sections 457, 380 IPC, Police Station Pisawan, District Sitapur. (6) Case Crime No. 153 of 2022, under Sections 457, 380 IPC, Police Station Pisawan, District Sitapur. (7) Case Crime No. 110/2022, under Section 380 IPC, Police Station Sidhauli, District Sitapur. (8) Case Crime No. 177 of 2022, under Sections 457, 380 IPC, Police Station Sandana, District Sitapur. (9) Case Crime No. 134 of 2022, under Sections 457, 380, 411 IPC, Police Station Taalgaon, District Sitapur. (10) Case Crime No. 135 of 2022, under Sections 457, 380 411 IPC, Police Station Taalgaon, District Sitapur. (11) Case Crime No. 92/2022, under Section 379 IPC, Police Station Sidhauli, District Sitapur. (12) Case Crime No. 104/2022, under Section 379 IPC, Police Station Sidhauli, District Sitapur. (13) Case Crime No. 143 of 2022, under Sections 307, 411, 413 IPC, Police Station Taalgaon, District Sitapur.
Learned counsel for the applicant submits that 13 false cases were registered against the applicant and in all those cases, the applicant has been directed to be released on bail by the competent Courts, however, the applicant is having every apprehension that, if the same sureties will be placed in all the cases pending before the trial Court, the same would not be accepted by the trial Court, and despite the applicant has been directed to be released on bail, he will not come out of the prison, because he will not be in a position to arrange separate set of sureties for each case. Therefore, it is submitted that, the trial Court be directed to permit the accused-applicant to file same sureties in all 13 cases.
Learned A.G.A., however, opposes the contention of learned counsel for the applicant, on the ground that, it is always the discretion and satisfaction of the trial Court, so far as, the acceptance of the sureties is concerned.
Having heard learned counsel for the rival parties, the only grievance of the applicant appears to be that, he despite having obtained the order of the bail in 13 cases is not able to come out of the prison, because he is not able to find separate sureties for each case, and a prayer has been made that, he be permitted to file same sureties in all the 13 cases and a suitable direction in this regard be given to the trial Court.
The acceptance of the sureties and the verification of them is the prerogative of the trial Court and the same in any case could not be controlled by this Court. Sufficient guidelines in this regard have been given by the High Court on administrative side to the subordinate Courts. However, as far as, the grievance of the applicant, pertaining to the fact that, he is not in a position to arrange separate sureties for all 13 cases is concerned, the answer to this apprehension and grievance is implicit in Section 441-A of Code of Criminal Procedure, which is reproduced as under:-
"Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."
Perusal of this Section shows that, a person who is intending to be the surety of any accused person is obliged to declare before the Court that apart from the person to whom he is standing surety, for how many other accused persons, he has stood surety. Therefore, the texture of the Section 441-A of the Cr.P.C., which has been introduced by way of amendment made in the year 2006 clearly reflects that, a person may stand surety for more than one accused person and in more than one case. So there appears no bar for a person to stand surety in more than one case and also for more than one accused person. However, as stated earlier, the status, verification and the competency of the surety will always be assessed by the trial Court before acceptance.
Thus it is directed that, if same sureties are placed before the trial Court in all above 13 cases and they are otherwise competent and their status and other particulars have been verified, the trial Court in its discretion may accept the same in all the 13 cases, but the satisfaction in this regard will always be of the trial Court.
With the aforesaid observations, the application is finally disposed of."
The aggregate amount of surety(ies) required in all the 13 cases, wherein applicant has been granted bail, is stated to be Rs.8,55,000/-. It is submitted by learned counsel for the applicant that the applicant may arrange sureties having property of the value of Rs.3 lakh.
Considering the above facts and circumstances, the order dated 19.07.2022 passed in Application U/S No.4658 of 2022 placed herein-before is modified to the tune that the applicant may now furnish personal bond of Rs.3 lakh and two sureties of like amount, which shall be accepted in all the 13 cases mentioned herein-above, wherein bail has been granted to the applicant.
With the aforesaid observations, the instant application stands disposed of.
Order Date :- 27.7.2022 Anupam S/-