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2025 DAILYLAW 162431 (ALL)

RAVI KANT TIWARI v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

A482/7419/2025 · 2025-09-09

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7419 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. 1. The applicant is aggrieved by the two sureties fixed in each case while granting bail to him by this Court in the following 17 cases: "I. Criminal Misc. Bail Application No. 5074 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 II. Criminal Misc. Bail Application No. 5382 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 III. Criminal Misc. Bail Application No. 3433 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 IV. Criminal Misc. Bail Application No. 3635 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 V. Criminal Misc. Bail Application No. 3622 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 VI. Criminal Misc. Bail Application No. 4073 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 VII. Criminal Misc. Bail Application No. 4139 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 20.08.2025 VIII. Criminal Misc. Bail Application No. 4089 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 20.08.2025 IX. Criminal Misc. Bail Application No. 5086 of 2025 (Ravi Kant Tiwari Vs. State of Versus Counsel for Applicant(s) : Pranshu Agrawal Counsel for Opposite Party(s) : G.A. Ravi Kant Tiwari .....Applicant(s) The State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) UP) dated 25.08.2025 X. Criminal Misc. Bail Application No. 5379 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XI. Criminal Misc. Bail Application No. 5079 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XII. Criminal Misc. Bail Application No. 5381 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XIII. Criminal Misc. Bail Application No. 4087 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 20.08.2025 XIV. Criminal Misc. Bail Application No. 5080 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XV. Criminal Misc. Bail Application No. 5088 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XVI. Criminal Misc. Bail Application No. 5076 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025 XVII. Criminal Misc. Bail Application No. 4052 of 2025 (Ravi Kant Tiwari Vs. State of UP) dated 25.08.2025" 2. Shri Anil Kumar, learned counsel holding brief of Shri Pranshu Agrawal, learned counsel for the applicant contends that the applicant has been enlarged on bail in 17 cases depicted above. Two sureties have been fixed in each of the aforesaid 17 cases. Hence the applicant is required to furnish 34 sureties to be set forth at liberty in pursuant to the aforesaid bail orders. The applicant is unable to furnish the aforesaid sureties in each of the aforesaid cases. The demands of two sureties in each of the 17 cases has become very onerous for the applicant to comply with, and has virtually defeated his right to enjoy his liberty on the strength of the bail granted by this Court. He has relied upon the judgment of the Supreme Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh in SLP (Crl. No. 8914-8915/2018) wherein it was held as under: "8. Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- A482 No. 7419 of 2025 2 (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." 3. Demands of multiple sureties in the facts of this case defeat the purpose of bail granted by this Court. The right of liberty after grant of bail should not be frustrated by multiples demands of sureties. Onerous conditions which are unrelated to the socioeconomic status of the accused/applicant or are oblivious to various relevant considerations in the facts of a case end up curtailing the personal liberty of an accused after he/she is enlarged on bail. 4. In the wake of preceding discussion, the matter is remitted to the learned trial court/ learned Chief Judicial Magistrate, District-Lucknow. 5. Learned trial court/ learned Chief Judicial Magistrate, District-Lucknow is directed to fix two sureties to his/her satisfaction after ascertaining the socioeconomic condition of the applicant and the said sureties shall be accepted for all the aforesaid 17 cases in light of Hani Nishad (supra). 6. The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties which are unrelated to the socioeconomic status of the applicant. 7. With the aforesaid observations the application U/S 482 is disposed of. September 9, 2025 Dhananjai A482 No. 7419 of 2025 3 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench