Libertatem Magazine

Allahabad High Court Allows One Surety for Nine Bail Bonds

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Facts

The applicant was involved in nine criminal cases for various offences. The bail was granted in all nine cases but the petitioner was unable to manage the separate surety bonds and as a result that he could not submit his bail bonds in all the cases. The aforesaid nine criminal cases were case crime No. 35/2019, 45/2019, 43/2019, 51/2019, and 61/2019 under Section 380/411 I.P.C. case crime No., under Section 380, 411 I.P.C. case crime No. 58/2019, under Section 392, 411 I.P.C. Case crime No. 572019, under Section 379, 411 I.P.C. case crime No. 65/2019, under Section 411, 414 I.P.C case crime No. 84/2019, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 all registered at Police Station GRP, District Barabanki. 

Contentions before the Court

The learned counsel representing the petitioner submitted that as he could not submit his bail bonds in the cases the learned court below concerned was directed to consider the sureties and personal bond in one case treating the same for all the nine cases. He further submitted that the Hon’ble Supreme Court in the case of Hani Nishad vs. The State of U.P. had directed that the learned court to accept the sureties and personal bond in one case and treat the same for all other cases, so the same benefit may also be extended to the applicant.

Court’s Observation

The Court took the contentions of the counsels as well as took into consideration the judgment of the Hon’ble Supreme Court in the case of Hani Nishad Vs. The State.

Court’s Judgment

The Hon’ble court held that the present application under Section 482 Cr.P.C. was disposed of with a direction to the applicant to submit a personal bond of Rs.1,00,000/- and fresh two sureties to the satisfaction of the Court concerned. In one case and the same should be considered by the Court concerned as sureties and bonds in all nine cases to release the applicant on bail. If this was done, the said personal bond and two sureties would be treated to be valid in all nine other cases wherein had he been released on bail and the same should be deemed to be adequate compliance with all other bail orders.

Click here to view the Judgement.


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