LUCKNOW BENCH
RAM VEER PUROHIT – Appellant
Versus
STATE OF U.P. THRU. PRIN. HOME U.P. GOVT. CIVIL SECTT. LKO – Respondent
A482 9927 2023
Neutral Citation No. - 2023:AHC-LKO:66280
Court No. - 28
Case :- APPLICATION U/S 482 No. - 9927 of 2023
Applicant :- Ram Veer Purohit
Opposite Party :- State Of U.P. Thru. Prin. Home U.P. Govt. Civil Sectt.
Lko
Counsel for Applicant :- Neeraj Rastogi
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the material placed on record.
By means of the instant applicant, the applicant has prayed that
this Court may be pleased to direct the learned Court below not
to insist the petitioner to file separate sureties and bonds in each
and every cases and accept only two sureties and one personal
bond in lieu of all the seven 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 all the seven cases arising out of following Case Crime
Numbers:-
(1) Case Crime No. 232/2022, Under Section-406, 420, 506,
504, 120B, 467, 468, 471 I.P.C, Police Station- Banthra, District
Lucknow.
(2) Case Crime No. 430/2022, Under Section-409, 420 IPC,
Police Station- Krishna Nagar, District Lucknow.
(3) Case Crime No. 549/2022, Under Section-409, 420 IPC,
Police Station- Krishna Nagar, District Lucknow.
(4) Case Crime No. 228/2022, Under Section-467, 471, 468,
120B IPC, Police Station- Alambagh, District Lucknow.
(5) Case Crime No. 385/2022, Under Section-419, 420, 467,
468, 471 IPC, Police Station- Ashiyana, District Lucknow.
(6) Case Crime No. 155/2022, Under Section-406, 467, 468,
420, 409, 471 IPC, Police Station- Husainganj, District
Lucknow.
(7) Case Crime No. 383/2022, Under Section-406, 420, 409
IPC, Police Station- Sarojni Nagar, District Lucknow.
He next added that despite the Trial Court granted the bail in
aforesaid matters, the applicant is 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. State of Uttar Pradesh
[SLP (Crl.) No.8914-8915/2018] the Supreme Court vide order
dated 29.10.2018 has permitted the petitioner 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 vs. State of Uttar Pradesh (supra).
Considering the aforesaid fact, the petition is disposed of with a
direction to the applicant to furnish a personal bond of
Rs.200,000/- 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 :- 11.10.2023
Manoj K.
Digitally signed by :-
MANOJ KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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