Court No. - 69
Case :- APPLICATION U/S 482 No. - 9585 of 2021 Applicant :- Satyendra Singh Gangwar Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Mishra,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard Sri Vinay Saran, learned senior counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for the applicant and learned AGA for the State through video conferencing.
Learned counsel for the applicant submits that he was involved in 11 cases and enlarged on bail in all the cases, but the Court below is pressing for two individual sureties in every cases, which is practically impossible. He next submits that Hon'ble Supreme Court in the matter of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh in Special Leave to Appeal No. 8914-8915 of 2018 decided on 31.10.2013 passed the order directing the petitioner to execute one personal bond and two sureties in all cases in which he was enlarged on bail, therefore, the applicant may be given benefit of the law laid down in the matter of Hani Nishad (Supra).
Applicant has been enlarged on bail in the following eleven cases:
"(i) Crime No. 45-B/2006, P.S. Sikanderpur, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(ii) Crime No. 34-A/2006, P.S. Narhi, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(iii) Crime No. 82/2006, P.S. Ubhav, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(iv) Crime No. 17/2006, P.S. Dokati, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(v) Crime No. 66/2006, P.S. Bairia, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(vi) Crime No. 18/2006, P.S. Dokati, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(vii) Crime No. 56-B/2006, P.S. Rasra, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(viii) Crime No. 20/2006, P.S. Haldi, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(ix) Crime No. 66-B/2006, P.S. Bairia, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(x) Crime No. 82-B/2006, P.S. Ubhaon, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act.
(xi) Crime No. 49-A/2006, P.S. Gadwar, District Ballia, under Sections 409, 420, 467, 468, 471, 477-A, 120-B/34 I.P.C. and 13(2) Prevention of Corruption Act."
Learned AGA has not objected the prayer and submitted that he may also be given benefit of law laid down in the matter of Hani Nishad (Supra).
In view of the submission advanced, it is provided that the applicant shall furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in any one case and same on being furnished be treated to be valid in all other cases where the bail order has been passed.
With the above observations, the application is disposed of.
Order Date :- 24.5.2021 Arvind