SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, CJ, HON'BLE MR. JUSTICE J.B. PARDIWALA, J, HON'BLE MR. JUSTICE MANOJ MISRA, J
ASHOK SANDEEP SINGH – Appellant
Versus
THE STATE OF UTTAR PRADESH – Respondent
1 The petitioner has been accused in FIR No 64 of 2023, registered at Police Station Naini, District Prayagraj for alleged offences punishable under Sections 409 , 419, 420, 467, 468, 471 and 120B of the Indian Penal Code .
By an order dated 18 October 2023, a Single Judge of the High Court of Judicature at Allahabad directed that the petitioner be released on bail subject to such conditions as may be imposed by the trial court including in regard to furnishing “heavy surety”. The Additional Chief Judicial Magistrate at Prayagraj has directed the petitioner to furnish a personal bond of Rs 10 lakhs with two sureties in the like amount.
3 A subsequent application under Section 440(2) of the Code of Criminal Procedure for reduction of the quantum of bail has been dismissed as not being maintainable. The High Court has dismissed the application under Section 482 CrPC for reduction of the amount of bail.
4 The purpose of directing an accused who has been released on bail to furnish surety is to ensure that the accused is present to answer further proceedings including at the trial. Determining the amount of surety at an unreasonably high amount effectively defeats the very p
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