Allahabad High Court
Manish Kumar Srivastava @ Manish ... vs State Of U.P. Thru. Prin. Secy. Home ... on 17 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 7345 of 2022 Applicant :- Manish Kumar Srivastava @ Manish Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. Counsel for Applicant :- Rajesh Kumar,Shashank Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Rajesh Kumar Singh, 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 the petitioner to file separate surety bonds in each and every case and accept only one surety in lieu of all the cases.
It is submitted by learned counsel for the applicant that in all the fourteen criminal cases bearing Case Crime No.158 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.783 of 2019, under Sections 409, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.157 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.307 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.412 of 2019, under Sections 406, 420, 352, 504, 506, I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.439 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.235 of 2019, under Sections 406, 420, 352, 323 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.472 of 2019, under Sections 406, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.1115 of 2019, under Sections 409, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.252 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.366 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.475 of 2019, under Sections 406, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.159 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow and Case Crime No.156 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, the applicant has already been granted bail by the court below subject to filing a personal bond and two sureties 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 applicant should be directed to be released on filing his personal bonds 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 inseperable 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 fourteen 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.158 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.783 of 2019, under Sections 409, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.157 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.307 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.412 of 2019, under Sections 406, 420, 352, 504, 506, I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.439 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.235 of 2019, under Sections 406, 420, 352, 323 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.472 of 2019, under Sections 406, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.1115 of 2019, under Sections 409, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.252 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.366 of 2019, under Sections 406, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.475 of 2019, under Sections 406, 419, 420 I.P.C., Police Station Gomti Nagar, District Lucknow, Case Crime No.159 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow and Case Crime No.156 of 2019, under Sections 406, 419, 420, 506 I.P.C., Police Station Gomti Nagar, District Lucknow, 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.
(Ajai Kumar Srivastava-I, J.) Order Date :- 17.10.2022 cks/-