Badal Pathak Vs.
State of U.P.  INSC 1066 (14 May 2009)
JURISDICTION CRIMINAL APPEAL NO. 1057 OF 2009 (Arising out of SLP(Crl.) No.
2590 of 2009) Badal Pathak .. Appellant(s) Versus State of U.P. ..
Respondent(s) ORDER As per the office report, the petitioner has filed
affidavit of dasti service of the show cause notice on Mr. Kamlendra Mishra,
learned standing counsel for the State of Uttar Pradesh. Despite service, no
one has put in appearance on behalf of the State.
We have heard learned
counsel for the appellant.
A limited challenge
in this appeal is to the order, dated 4th March, 2009, passed by the High Court
of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 5855
of 2009, whereby the appellant has been directed to furnish a personal bond and
two local heavy sureties of Rs. 5,00,000/- each to the satisfaction of the
concerned Court as a condition for grant of bail to the appellant.
Learned counsel for
the appellant submits that the said condition is onerous and being a student it
may not be possible for the appellant to comply with it with the result that he
will not be able to avail of the benefit of the bail order.
It appears from the
impugned order that the High Court has imposed the condition of two heavy
sureties for the afore-mentioned amounts keeping in view the fact that the
appellant hails from Bihar. On this aspect, it is pointed out by learned
counsel for the appellant that the real brother of the appellant, who is
co-accused in the same case, has also been granted bail by the same High Court
vide order dated 6th May, 2008, but he has been directed to furnish a personal
bond of Rs. 15,000/- with two sureties of the like amount.
Bearing in mind all
these facts we allow the appeal and direct that the appellant shall be admitted
to bail on his furnishing a personal bond in the sum of Rs. 15,000/- with two
sureties in the like amount to the satisfaction of the trial Court.
accordingly stands disposed of.
[ D.K. JAIN ]
[ R.M. LODHA ]