Neutral Citation No. - 2025:AHC:107166 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 22663 of 2025 Applicant :- Banti Alias Satyapal Alias Dev Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Abhay Kumar Pandeyu, learned counsel for the applicant and Sri Shashidhar Pandey, learned A.G.A. for the State. 2. The instant application has been filed with a prayer that the applicant may not be compelled to file separate surety bonds in the six criminal cases detailed below, and that one set of sureties be accepted for all six cases: A) Case Crime No.408 of 2019, under section 394, 302, 201, 120-B, 34, 411 I.P. C. and section 15 of Dacoity Affected Area Act, P. S. Khandauli, District Agra, in this case the applicant has been enlarged on bail by this Hon'ble Court vide order dated 1.4.2025. B) Case Crime No. 422 of 2019, under section 307 I. P. С., Police Station Khandauli, District Agra, in this case the applicant is on bail being bail application no.5138 of 2021 granted on 2.9.2021. C) Case Crime No 428 of 2019, under section 3/25 Arms Act, P. S. Khandauli, District Agra, in this case the applicant has granted bail order by learned Additional Session Judge Court No.3 Agra vide order dated 9.8.2023. D) Case Crime No. 430 of 2019, under section 414 1. P.C.. Police Station Khandauli, District Agra, in this case the applicant is on bail granted by learned Additional Session Judge/ Specia 3age (D.A.A Act) Court No.3 Agra vide order dated 24.9.2021 E) Case Crime No. 640 of 2018, under section 394 and 328 1. P. C., Police Station Khandauli, District Agra, in this case the applicant is on bail by learned Additional District and Session Judge, Agra vide order dated 20.1.2021. F) Case Crime No 02 of 2020, under section 2/3 Gangaster Act, Police Station Khandauli, District Agra, in this case the applicant has been enlarged on bail by this Hon'ble Court vide bail order dated 2.6.2025. 3. Learned counsel for the applicant submits that it is impossible for the applicant to submit separate sureties in each cases in which he has been granted bail. 4. The applicant has been granted bail in all the aforesaid cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each case. 5. Learned counsel for the applicant has also relied on the judgment of Madras High Court in the case of Sagayam @ Devasagayam vs. The State of Tamil Nadu reported in 2017 (3) CTC 291 wherein it has been held:- "17. While granting bail, the Court can direct the accused to execute bail bond. As per Section 440 Cr.P.C., the bond amount should not be excessive. When a person so directed to execute the bond either with surety or without surety is not able to furnish the sureties, then under Section 445 Cr.P.C., he has the option to offer cash security. But even then, it must be a reasonable amount. It should not be an arbitrary, excessive amount. It should not be in the nature of deprivation of grant of bail by fixing an heavy amount as surety amount. If heavy amount is directed to be deposited as cash security, the bailee/accused will not be in a position to comply it. If heavy amount is demanded from the surety, then the bailor will not be forthcoming. And 'haves' will go out, while 'have nots' will remain in jail." 6. Learned counsel for the applicant also relied on the judgement 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] where in the bail condition of producing 31 sureties was found to be onerous and the prisoner was permitted to execute a personal bond for Rs.30,000/- which was hold good for 31 cases. 7. 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. 8. In view of the above, the applicant is permitted to execute a personal bond of Rs. 1,00,000/- and two sureties as per any one bail granting order and the same shall hold good for all these six cases. 9. With the aforesaid observation/direction, the petition is disposed off. Order Date :- 8.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad