Aslam @ Ballu @ Jakir v. State of U.P

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 528 BNSS has been filed with a prayer to allow the applicant to submit a personal bond and two sureties in seven cases which would be sufficient in all the cases in which the applicant has been granted bail, (1).Case crime no. 969/2023 under section 457,380,411 IPC registered at Police Station- Shikohabad, District- Firozabad (released on bail on 09.07.2024). (2) Case crime no. 977/2023 under section 3/25 Arms act registered at Police Station- Shikohabad, District- Firozabad (released on bail on 11.11.2024). (3) Case Crime No. 496/2023, under sections 380,457,411 IPC Police Station Shikohabad, District Firozabad (released on bail on 09.07.2024). (4) Case crime no. 858/2023 under section 380,411 IPC registered at Police Station-Shikohabad, District- Firozabad (released on bail on 09.07.2024). (5) Case crime no. 276/2023 under section 457,380,411 IPC registered at Police Station- Shikohabad, District- Firozabad (released on bail on 12.09.2024). (6) Case crime no. 437/2023 under section 457,380,411. IPC registered at Police Station- Shikohabad, District- Firozabad (released on bail on 11.09.2024). (7) Case Crime No. 54 of 2024, Under Section 2/3 U.P. Gangsters Act, Police Station Shikohabad, District-Firozabad.

Learned counsel for the applicant submits that it is impossible for the applicant to submit separate sureties in each cases in which he has been granted bail.

The applicant has been granted bail in all the aforesaid cases, except in Case Crime No. 54 of 2024. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each case.

Learned counsel for the applicant has also relied on the judgment of Madras High Court in the case of Sagayam @ Devasagayam vs. The State of Tamil Nadu reported in 2017 (3) CTC 291 wherein it has been held:- "17. While granting bail, the Court can direct the accused to execute bail bond. As per Section 440 Cr.P.C., the bond amount should not be excessive. When a person so directed to execute the bond either with surety or without surety is not able to furnish the sureties, then under Section 445 Cr.P.C., he has the option to offer cash security. But even then, it must be a reasonable amount. It should not be an arbitrary, excessive amount. It should not be in the nature of deprivation of grant of bail by fixing an heavy amount as surety amount. If heavy amount is directed to be deposited as cash security, the bailee/accused will not be in a position to comply it. If heavy amount is demanded from the surety, then the bailor will not be forthcoming. And 'haves' will go out, while 'have nots' will remain in jail. "

Learned counsel for the applicant also relied on the judgement of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018] where in the bail condition of producing 31 sureties was found to be onerous and the prisoner was permitted to execute a personal bond for Rs.30,000/- which was hold good for 31 cases.

Learned A.G.A., however, opposes the prayer of the learned counsel for the applicant and submits that it is always the discretion and satisfaction of the trial court, so far as the acceptance of the sureties is concerned.

Be that as it may, it is not in dispute that the applicant has been implicated in seven different cases instituted against him in the same police station of the same district Firozabad. This Court finds substance in the applicant's counsel contention that arranging for separate sureties in respect of seven cases would be difficult, particularly as the offences though distinct but are similar in nature.

In the facts of the case, it is directed that the applicant shall be released on bail in all six cases and also after getting bail in Case Crime No. 54 of 2024, as per the description given in prayer clause of the present application, upon the applicant furnishing personal bond of Rs. 50,000/- and two sureties of the same amount (one surety should be of family member of the applicant) and the same bond shall hold good for all seven cases.

There shall be two sureties, who shall execute the bond of the aforesaid amount and the same shall hold good for all seven cases. Bail orders of the said cases are modified to the above extent.

With the aforesaid directions, the present application under Section 482 CrPC stands disposed of. Order Date :- 13.11.2024 Bhanu