SHAKIR @ SHAKIB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/10659/2025 · 2025-12-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187196 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10659 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record. 2. This application has been filed by the applicant with a prayer to direct the trial Court to allow the applicant to submit only a personal bond and two sureties in lieu of all cases. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in 12 cases, details of which are as under: (i). Case Crime No. 384 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Kursi, District Barabanki. (ii). Case Crime No. 249 of 2023, under Sections 3(1), U.P. Gangster Act, Police Station Kotwali, District Barabanki. (iii). Case Crime No.1270 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Kotwali, District Barabanki. (iv). Case Crime No. 1312 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Kotwali, District Barabanki. (v). Case Crime No.1339 of 2022, under Section 8/21 NDPS Act, Police Station Kotwali, District Barabanki. Versus Counsel for Applicant(s) : Alok Kumar Counsel for Opposite Party(s) : G.A. Shakir @ Shakib .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
(vi). Case Crime No.209 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Baddupur, District Barabanki. (vii). Case Crime No.522 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Mohammadpur Khala, District Barabanki. (viii). Case Crime No.08 of 2024, under Section 8/21 NDPS Act, Police Station Kotwali, District Barabanki. (ix). Case Crime No.235 of 2022, under Sections 380, 411, 457 I.P.C., Police Station Baddupur, District Barabanki. (x). Case Crime No.63 of 2025, under Section 331(4), 305, 324(4), 317(2) BNS, Police Station Jahangirabad, District Barabanki. (xi). Case Crime No.38 of 2025, under Sections 331(4), 305 BNS Police Station Jahangirabad, District Barabanki. (xii). Case Crime No.14 of 2025, under Sections 305, 331(4), BNS., Police Station Jahangirabad, District Barabanki. 4. It has been submitted that the applicant has been granted bail by the trial court as well as by this Court in all the aforesaid cases, but furnishing of separate sureties in all above mentioned cases is almost impracticable as the applicant is very poor person and he will not be able to arrange separate sureties to get bail. 5.
Learned counsel for the applicant has also relied the judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914- 8915/2018]. 6. Learned A.G.A., however, opposes the prayer of the learned counsel for the applicant and submits that it is always the discretion and satisfaction of the trial court, so far as the acceptance of the sureties is concerned. 7. Having heard learned counsel for the rival parties, it appears that the only grievance of the applicant appears to be that, despite having obtained the order of the bail in all the cases, he is not able to come A482 No. 10659 of 2025 2
out of the prison for the reason that he is unable to find separate sureties for each case and, thus, a prayer has been made that, applicant be permitted to file same sureties in all the above mentioned 12 cases and a suitable direction in this regard be given to the trial court. 8. The acceptance of the sureties and their verification is the prerogative of the trial court and the same, in any case, could not be controlled by this Court. Sufficient guidelines in this regard have already been given by the High Court on administrative side to the subordinate courts. However, as far as the grievance of the applicant, pertaining to the fact that he is not in a position to arrange separate sureties for all above mentioned cases, is concerned, the answer to this apprehension and grievance is implicit in Section 441-A of Code of Criminal Procedure/Section 486 of B.N.S.S., which is reproduced as under:-
"Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars."
9.
Perusal of this Section shows that, a person, who is intending to be the surety of any accused person, is obliged to declare before the Court that apart from the person, to whom he is standing surety, for how many other accused persons, he has stood surety. Therefore, the texture of the Section 441-A of the Cr.P.C./Section 486 of B.N.S.S., which clearly reflects that a person may stand surety for more than one accused person and in more than one case. So there appears no bar for a person to stand surety in more than one case and also for more than one accused person. 10. However, as stated earlier, the status, verification and the competency of the surety will always be assessed by the trial court before acceptance. 11. Thus, it is directed that, if same sureties are placed before the trial court and they are otherwise competent and their status and A482 No. 10659 of 2025 3
other particulars have been duly verified, the trial court, in its discretion, may accept the same in all the cases mentioned hereinbefore. 12. With the aforesaid observations, the application is disposed of. December 19, 2025 Pks A482 No. 10659 of 2025 4 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench