Heard learned counsel for applicant and learned A.G.A. for the State.
Learned counsel for applicant submits that applicant has been implicated in fifteen cases and in all those cases, he has been enlarged on bail but being a poor person he is unable to arrange that much sureties. The details of the cases are as under:
"(i) Case Crime No.53/2018, under Sections 147/148/149/307/205/177/34 I.P.C., P.S. Krishna Nagar, District Lucknow, applicant has been granted bail on 26.10.2019 by the Additional Sessions Judge, Lucknow, annexure-15 to the application.
(ii) Case Crime No.1052/2017, under Sections 395/397/412/149 I.P.C., P.S. Chinhat, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 30.08.2019, annexure-2 to the application.
(iii) Case Crime No.34/2018, under Sections 395/397 I.P.C., P.S. Chinhat, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 05.09.2019, annexure-3 to the application.
(iv) Case Crime No.35/2018, under Sections 395/397/412/149 I.P.C., P.S. Chinhat, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 29.08.2019, annexure-4 to the application.
(v) Case Crime No.83/2018, under Sections 396/412/34/205 I.P.C., P.S. Kakori, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 26.04.2019, annexure-5 to the application.
(vi) Case Crime No.84/2018, under Sections 394/411/205/34 I.P.C., P.S. Kakori, District Lucknow, the applicant has been granted vide order dated 04.09.2018, annexure-6 to the application.
(vii) Case Crime No.85/2018, under Sections 395/397/412/34/205 I.P.C., P.S. Kakori, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 01.09.2020, annexure-7 to the application.
(viii) Case Crime No.67/2018, under Sections 396/412/34 I.P.C., P.S. Malihabad, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 18.12.2019, annexure-8 to the application.
(ix) Case Crime No.68/2018, under Sections 395/397/412/34 I.P.C., P.S. Malihabad, District Lucknow, the applicant has been granted bail vide order dated 17.07.2020, annexure-9 to the application.
(x) Case Crime No.69/2018, under Sections 457/380/411 I.P.C., P.S. Malihabad, District Lucknow, the applicant has been granted bail by Additional Sessions Judge, Lucknow vide order dated 29.06.2018, annexure-10 to the application.
(xi) Case Crime No.15/2018, under Sections 395/397/412 I.P.C., P.S. Fatehpur, District Barabanki, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 07.05.2020, annexure-11 to the application.
(xii) Case Crime No.1054/2017, under Sections 395/397/412 I.P.C., P.S. Kotwali Nagar, District Barabanki, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 08.05.2020, annexure-12 to the application.
(xiii) Case Crime No.991 of 2017, under Sections 395/397/412 I.P.C., P.S. Kotwali Nagar, District Barabanki, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 13.05.2020, annexure-13 to the application.
(xiv) Case Crime No.322/2017, under Sections 395/397/412 I.P.C., P.S. Satrikh, District Barabanki, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 13.05.2020, annexure-14 to the application.
(xv) Case Crime No.891/2018, under Section 3(1) of U.P. Gangsters Act, P.S. Chinhut, District Lucknow, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 16.12.2020, annexure-16 to the application."
Learned counsel for applicant further submits that applicant is not having thirty sureties for the said cases and prays that in the interest of justice he may be permitted to submit only four sureties for all the fifteen cases. He has relied on the judgment of Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh in Special Leave to Appeal No.8914-8915 of 2018 decided on 29.10.2018, the relevant paragraphs reads as under;-
"Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs.30,000/- (Rupees Thirty Thousand Only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs.30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases."
Learned A.G.A. has no objection to the same.
Considering the facts, it is provided that applicant shall furnish a personal bond and four sureties to the satisfaction of court below which shall hold good for all the above fifteen cases.
With the above direction, the petition is finally disposed of.
Order Date :- 22.2.2021/Shubhankar (Vivek Chaudhary, J.)