This bail application has been filed by the applicant to modify the conditions of bail imposed by learned Court below in Case Crime No. 246 of 2018 (State v. Rizwan alias Atta), Police Station G.R.P., Kanpur Nagar and direct the Court below to accept one personal bond from applicant and two sureties in all for all eleven cases in view of the decision of Hon'ble Apex Court in Special Leave to Appeal (Crl.) No (s). 8914-8915 of 2015 (Hani Nishad @ Mohammad Imran @ Vikky v. State of Uttar Pradesh). {Para 2}
3. Contention has been raised that in this case, the applicant is involved in as many as 11 criminal cases of the same district i.e. Kanpur Nagar under various case crime numbers and he has been admitted to bail in each of the eleven criminal cases. Now the problem is that the applicant, due to poverty and insufficiency of means, is unable to furnish 22 sureties for all the 11 cases. Therefore, in the facts and circumstances of the case, in order to secure the ends of justice and to protect the legal rights of the applicant, who is already on bail in all the 11 cases be permitted to furnish one personal bond and two sureties, which may be treated personal bond and surety bonds for all 11 cases against the applicant-accused, in view of the decision of Hon'ble Apex Court as mentioned above.
4. In support of his submission, learned Counsel for the applicant has engaged attention of this Court to the decision of the Hon'ble Apex Court, copy whereof is Annexure No. 12 to the affidavit filed in support of this bail application, wherein, in a number of cases namely - 31 criminal cases against one applicant-accused, the Hon'ble Apex Court had issued direction to execute one personal bond and two sureties which would hold good for all 31 cases.
6. Upon consideration of the facts and circumstances of the case as well as upon perusal of the aforesaid citation relied on by the applicant, it is directed that let the applicant be allowed to execute one personal bond and two sureties to the satisfaction of the Court concerned, which would hold good for all 11 cases concerned against the present applicant.
IN THE HIGH COURT OF ALLAHABAD
Cr. Misc. Bail Application No. 11380 of 2019
Decided On: 15.03.2019
Rizwan Vs. State of U.P.
Hon'ble Judges/Coram:
Arvind Kumar Mishra-I, J.
Citation: MANU/UP/1678/2019
1. Heard learned Counsel for the applicant as well as learned A.G.A. for the State and perused the record.
2. This bail application has been filed by the applicant to modify the conditions of bail imposed by learned Court below in Case Crime No. 246 of 2018 (State v. Rizwan alias Atta), Police Station G.R.P., Kanpur Nagar and direct the Court below to accept one personal bond from applicant and two sureties in all for all eleven cases in view of the decision of Hon'ble Apex Court in Special Leave to Appeal (Crl.) No (s). 8914-8915 of 2015 (Hani Nishad @ Mohammad Imran @ Vikky v. State of Uttar Pradesh).
3. Contention has been raised that in this case, the applicant is involved in as many as 11 criminal cases of the same district i.e. Kanpur Nagar under various case crime numbers and he has been admitted to bail in each of the eleven criminal cases. Now the problem is that the applicant, due to poverty and insufficiency of means, is unable to furnish 22 sureties for all the 11 cases. Therefore, in the facts and circumstances of the case, in order to secure the ends of justice and to protect the legal rights of the applicant, who is already on bail in all the 11 cases be permitted to furnish one personal bond and two sureties, which may be treated personal bond and surety bonds for all 11 cases against the applicant-accused, in view of the decision of Hon'ble Apex Court as mentioned above.
4. In support of his submission, learned Counsel for the applicant has engaged attention of this Court to the decision of the Hon'ble Apex Court, copy whereof is Annexure No. 12 to the affidavit filed in support of this bail application, wherein, in a number of cases namely - 31 criminal cases against one applicant-accused, the Hon'ble Apex Court had issued direction to execute one personal bond and two sureties which would hold good for all 31 cases.
5. Also heard the learned A.G.A.
6. Upon consideration of the facts and circumstances of the case as well as upon perusal of the aforesaid citation relied on by the applicant, it is directed that let the applicant be allowed to execute one personal bond and two sureties to the satisfaction of the Court concerned, which would hold good for all 11 cases concerned against the present applicant.
7. With the above direction, the instant petition is disposed of.
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