Court No. - 15

Case :- APPLICATION U/S 482 No. - 3100 of 2023

Applicant :- Gulab Kharwar

Opposite Party :- State Of U.P. Thru. Prin. Secy.

Home Lko.

Counsel for Applicant :- Bharat Kumar Dixit

Counsel for Opposite Party :- G.A.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the applicant, 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 to grant reprieve to

him to the extent that to release the applicant

from jail by furnishing the personal bond and two

sureties in all fifteen cases as mentioned in this

petition.

It is submitted by learned counsel for the applicant

that in fifteen criminal cases bearing (i) Case

Crime No.181 of 2021, under Sections 457, 380

I.P.C., Police Station Harchandpur, District

Raebareli (ii) Case Crime No.342 of 2021, under

Sections 457, 380 I.P.C., Police Station

Harchandpur, District Raebareli (iii) Case Crime

No.389 of 2021, under Section 380 I.P.C., Police

Station Bhadhokhar, District Raebareli (iv) Case

Crime No.457 of 2021, under Section 380 I.P.C.,

Police Station Unchahar, District Raebareli (v) Case

Crime No.20 of 2022, under Sections 457, 380

I.P.C., Police Station Mill Area, District Raebareli (vi)

Case Crime No.42 of 2022, under Section 380

I.P.C., Police Station Sareni, District Raebareli (vii)

Case Crime No.51 of 2022, under Section 380

I.P.C., Police Station Mill Area, District Raebareli

(viii) Case Crime No.70 of 2022, under Sections

457, 380 I.P.C., Police Station Mill Area, District

Raebareli (ix) Case Crime No.121 of 2022, under

Sections 457, 380, 411 I.P.C., Police Station

Maharajganj, District Raebareli (x) Case Crime

No.164 of 2022, under Section 380 I.P.C., Police

Station Sareni, District Raebareli (xi) Case Crime

No.189 of 2022, under Section 380 I.P.C., Police

Station Gurubuxganj, District Raebareli (xii) Case

Crime No.191 of 2022, under Sections 457, 380

I.P.C., Police Station Mill Area, District Raebareli

(xiii) Case Crime No.196 of 2022, under Section

380 I.P.C., Police Station Mill Area, District

Raebareli (xiv) Case Crime No.214 of 2022, under

Sections 457, 380 I.P.C., Police Station Mill Area,

District Raebareli and (xv) Case Crime No.241 of

2022, under Sections 457, 380 I.P.C., Police Station

Unchahar, District Raebareli, 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 applicants. 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 fifteen 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 bo