Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material placed on record.
By means this writ petition, petition has prayed for granting reprive to the extent that a direction may be issued to release the petitioner from jail furnishing the personal bonds and two sureties in all the three cases.
Learned counsel for the petitioner submits that it is impossible for the petitioner to submit separate sureties in three cases in which he has been granted bail. The petitioner is an accused in following three cases:-
(i) Case crime no. 6 of 2017, under Sections 399 and 402 IPC, Police Station Nigoha, District Lucknow.
(ii) Case crime no. 245 of 2016, under Sections 396 and 412 IPC, Police Station Nigoha, District Lucknow.
(iii) Case crime no. 125 of 2017, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Nigoha, District Lucknow.
Learned counsel for the petitioner submits that that though the petitioner has been granted bail in all the three cases by the court below but the petitioner being poor person is unable to arrange three sureties to fulfill the condition of the bail as granted by the different courts.
It is further submitted by learned counsel for the petitioner that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018) the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the petitioner to submit personal bonds and two sureties of heavy amount to hold good in all the cases. Similarly, orders have been passed by a co-ordinate bench of this Court as well and one of such orders in Writ Petition (MS) No.30481 of 2018 (Imran Vs. State of U.P.) decided on 16.11.2018, has also been filed.
In view of the above circumstances, this petition is disposed of finally with a direction that petitioner shall file personal bonds in all the cases, however, two sureties in one case shall be furnished to the satisfaction of the Court concerned which shall be treated valid in all other cases wherein bail has been granted.
Order Date :- 28.1.2021 GSY