GIRISH GANDHIversusTHE STATE OF UTTAR PRADESH & ORS.
- Citation
- 2024 INSC 617
- Decided
- 22 August 2024
- Disposal
- Case Allowed
Holding
A single personal bond of Rs. 50,000 and two sureties of Rs. 30,000 each, executed once, may be deemed sufficient for all bail orders in the petitioner’s multiple FIRs, and the same set of sureties may be used across states.
Summary
Girish Gandhi, facing 13 FIRs across six states, obtained bail in all cases but could not furnish the multiple sureties required by each bail order. He petitioned the Supreme Court under Article 32 seeking to have the personal bond and a single set of sureties, already furnished in two cases, deemed sufficient for the remaining bail orders. The Court examined the statutory provisions under Sections 441 and 446 of the Code of Criminal Procedure and the constitutional guarantee of personal liberty under Article 21, emphasizing that imposing impossible conditions defeats the purpose of bail. Relying on precedents such as Satender Kumar Antil v. CBI and Hani Nishad v. State of Uttar Pradesh, the Court held that excessive or onerous surety requirements must be balanced against fundamental rights. It directed that a personal bond of Rs. 50,000 and two sureties of Rs. 30,000 each, executed once, would be valid for all FIRs within each state, and the same set of sureties could be used across states, thereby relieving the petitioner of the local‑surety requirement. The writ petition was allowed.
Issues considered
- The petitioner is entitled to have a single personal bond and set of sureties, already furnished in two cases, hold good for other bail orders across multiple states.
- Whether the requirement of separate sureties for each FIR violates the petitioner’s right to liberty under Article 21.
- Whether imposing a local‑surety condition is constitutionally permissible.
- Whether the provisions of Sections 441 and 446 of the Code of Criminal Procedure allow consolidation of sureties across different cases and states.
Legislation cited
- Code of Criminal Procedure, 1973s. 441, s. 446
- Constitution of Indias. Article 21
Subjects
Judgment
[2024] 8 S.C.R. 561 : 2024 INSC 617
Girish Gandhi
v.
The State of Uttar Pradesh & Ors.
Writ Petition (Criminal) No. 149 of 2024
22 August 2024
[B.R. Gavai and K. V. Viswanathan,* JJ.]
Issue for Consideration
Multiple cases were filed against the petitioner. Though he was
granted bail in all of them, he was not able to furnish multiple
sureties. Is the petitioner entitled to the relief of treating the personal
bond and one set of sureties already furnished as holding good
for the other bail orders also.
Headnotes†
Code of Criminal Procedure, 1973 – s.441 – Bond of accused
and sureties – Constitution of India – Article 21 – 13 FIRs
against the petitioner in 6 States – Enlarged on bail with
conditions in all of them – Unable to find multiple sureties –
Sureties already furnished in two cases in two States, if
would enure to the benefit of the other 11 cases:
Held: Petitioner is experiencing a genuine difficulty in finding
multiple sureties – Sureties are essential to ensure the presence
of the accused, released on bail however, in cases where the
accused enlarged on bail is unable to find sureties in multiple
cases, there is also a need to balance the requirement of
furnishing the sureties with his or her fundamental rights u/Article
21 of the Constitution of India – An order which would protect
the person’s fundamental right u/Article 21 and at the same time
guarantee the presence, would be reasonable and proportionate –
As to what such an order should be, will depend on the facts
and circumstances of each case – For the FIRs pending in the
States of Uttar Pradesh, Rajasthan, Punjab and Uttarakhand,
in each State, the petitioner will furnish his personal bond for
Rs.50,000/- and furnish two sureties who shall execute the bond
for Rs. 30,000/- each which shall hold good for all FIRs in the
concerned State – The same set of sureties to stand as surety
in all the States. [Paras 23, 28]
* Author
562 [2024] 8 S.C.R.
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Code of Criminal Procedure, 1973 – Bond and sureties –
Condition of local surety – In one of the bail order in the
State of Rajasthan, the petitioner who hails from Haryana
was directed to provide a local surety – Propriety:
Held: One of the reasons which delays the release of the accused/
convict is the insistence upon local surety – In such cases, the
courts may not impose the condition of local surety – In the present
case, the petitioner hails from Haryana and to secure a local
surety will be an arduous task for him – This condition virtually
rendered the order for bail ineffective – Petitioner relieved from
the direction to produce a local surety. [Paras 26, 27]
Code of Criminal Procedure, 1973 – Bail – Bond and sureties –
Imposition of excessive and onerous conditions:
Held: Excessive bail is no bail – To grant bail and thereafter to
impose excessive and onerous conditions, is to take away with the
left hand, what is given with the right – As to what is excessive will
depend on the facts and circumstances of each case. [Para 23]
Words and Phrases – ‘surety’ – Definition & Meaning –
Discussed. [Para 21]
Case Law Cited
Satender Kumar Antil v. Central Bureau of Investigation & Anr.[2022]
10 SCR 351 : (2022) 10 SCC 51; Hani Nishad @ Mohammad
Imran @ Vikky v. The State of Uttar Pradesh (SLP (Criminal)
Nos. 8914-8915 of 2018); In Re Policy Strategy for Grant of Bail
in SMWP (Criminal) No. 4/2021(2023) SCC OnLine SC 483; Moti
Ram and Ors. v. State of Madhya Pradesh [1979] 1 SCR 335 :
(1978) 4 SCC 47 – referred to.
Books and Periodicals Cited
Oxford Dictionary; Advanced Law Lexicon by P. Ramanatha Aiyar,
3rd Edition 2005 – referred to.
List of Acts
Code of Criminal Procedure, 1973; Constitution of India.
List of Keywords
Personal bond; Surety; Sureties; Bond of accused and sureties;
Multiple FIRs; Multiple cases; Multiple sureties; Unable to furnish/
difficulty in finding multiple sureties; Excessive bail; Bail with
conditions; Local surety; Condition of local surety.
[2024] 8 S.C.R. 563
Girish Gandhi v. The State of Uttar Pradesh & Ors.
Case Arising From
CRIMINAL ORIGINAL JURISDICTION: Writ Petition (Criminal)
No. 149 of 2024
(Under Article 32 of The Constitution of India)
Appearances for Parties
Prem Prakash, Aditya Harsh, Ms. Deepali Nanda, Advs. for the
Petitioner.
Ms. Garima Prasad, Sr. A.A.G., Vishnu Shankar Jain, Ghanshyam
Singh, Dr. Monika Gusain, Ms. Nupur Kumar, Ms. Niharika Tanwar,
B.S. Rajesh Agrajit, Milind Kumar, Priya Nagar, Siddharth Goswami,
Ms. Raj Bala, Aakash Sharma, Sudarshan Singh Rawat, Ms. Rachna
Gandhi, S Sunil, Ms. Saakshi Singh Rawat, Mohit Kaushik, Advs.
for the Respondents.
Judgment / Order of the Supreme Court
Judgment
K.V. Viswanathan, J.
1. The present Writ Petition, under Article 32 of the Constitution of India,
has been filed by the petitioner-Girish Gandhi seeking an appropriate
Writ or Direction to the effect that the personal bonds and sureties
executed by the petitioner in connection with FIR No. 0030 of 2021
dated 21.01.2021 registered at P.S. Sadar, District Gurugram, shall
hold good for eleven other bail orders passed in his favour from the
Courts of different States. Details of the bail orders in different FIRs
have been elaborated hereinbelow.
2. The question that arises for consideration is, is the petitioner entitled
to the relief of treating the personal bond and one set of sureties
already furnished as holding good for the other bail orders also?
Brief Facts:-
3. Very broadly, the prosecution case is that the company in which
the petitioner was concerned with, namely, White Blue Retail Pvt.
Ltd. (hereinafter referred to as ‘the Company’) allowed the use
of its trade name through franchisee agreement for opening of
Grocery Shops. The Company also took the franchisee amounts
and refundable security. The substratum of the allegation is that the
564 [2024] 8 S.C.R.
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Company which was to give space to open store on rent in some
cases; 5% commission on monthly sale in some; 10% margin on
goods sales in some others; 12% interest as dividend on investment
in a few and minimum 24% profit in certain agreements, failed in
its promise.
4. Totally, 13 FIRs came to be registered against the petitioner under
various Sections viz., 406, 420 and 506 of IPC. The petitioner has
been granted the benefit of bail with the conditions in all of them.
A chart setting out the FIR nos. and the place where the FIR is
registered and the bail conditions are set out hereinbelow:
List of Bail Orders
S. No. FIR No. Place of FIR Bail Conditions
1. 190/2020 P.S. Savina, Personal Bond of Rs. 50,000/-
Udaipur, and two sureties of Rs. 25,000/-
Rajasthan including one local surety.
2. 1028/2020 P.S. Civil Lines, Personal Bond and furnishing of two
Moradabad, Uttar sureties each in the like amount to
Pradesh the satisfaction of Court (amount
not mentioned).
3. 685/2020 P.S. Vrindavan, Personal Bond and furnishing of two
Mathura, Uttar sureties each in the like amount to
Pradesh the satisfaction of Court (amount
not mentioned).
4. 190/2020 P.S. Kotgate, Personal Bond of Rs. 1,00,000/-
Bikaner, Rajasthan and two sureties of Rs. 50,000/-
each.
5. 309/2020 P.S. Siddhartha Personal Bond of Rs. 75,000/- and
Nagar, Siddhartha two sureties of Rs. 75,000/- each.
Nagar, Uttar
Pradesh
6. 146/2020 P.S. Jwalapur, Personal Bond and furnishing of two
Haridwar, sureties each in the like amount to
Uttarakhand the satisfaction of Court (amount
not mentioned).
7. 53/2020 P.S. Pinarayi, Personal Bond of Rs. 10,000/- and
Pinarayi, Kerala two solvent sureties of Rs. 10,000/-
each.
8. 343/2020 P.S. Kotwali, Personal Bond and furnishing of two
Mathura, Uttar sureties each in the like amount to
Pradesh the satisfaction of Court (amount
not mentioned).
[2024] 8 S.C.R. 565
Girish Gandhi v. The State of Uttar Pradesh & Ors.
9. 294/2020 P.S. Sipri Bazar, Personal Bond and furnishing of two
Jhansi, Uttar sureties each in the like amount to
Pradesh the satisfaction of Court (amount
not mentioned).
10. 30/2021 P.S. Sadar, Personal Bail Bonds with sum
Gurugram, of Rs.50,000/- and one surety of
Haryana Rs.50,000/-.
11. 521/2020 P.S. Sadar, Fixed Deposit Receipts in the sum
Gurugram, of Rs. 1,00,000/-.
Haryana
12. 297/2020 P.S. Kotwali, Personal Bond and furnishing of two
Patiala, Punjab sureties each in the like amount to
the satisfaction of Trial Court.
13. 222/2020 P.S. Tulsipur, Furnishing a Personal Bond and
Balrampur, Uttar two sureties each in the like amount
Pradesh to the satisfaction of the Court
concerned.
5. The petitioner submits that he has already furnished personal bail
bonds with a sum of Rs. 50,000/- and one surety of Rs. 50,000/- in
the Trial Court in respect of FIR no. 0030 of 2021 registered at P.S.
Sadar, Gurugram. The petitioner also submits that he has fulfilled the
conditions of bail with respect to the order passed by the Learned
Additional Chief Judicial Magistrate, Thalassery, Kerala in FIR No.
53 of 2020 registered at P.S. Pinarayi, Kerala.
6. The petitioner’s contention is that he was the main bread earner
of the family. The Petitioner claims that he was merely working
in the Company as In-charge (Accounts), though this is disputed
by the prosecution. The claim of the complainants in some of
the FIRs is that he was the Director of the Company. We are not
to resolve that issue here. The petitioner further contends that
his wife is physically handicapped and is a teacher in a private
school and barely earns enough to eke out a living for herself
and their son. Petitioner also avers that he has an aged mother
to take care of.
7. The main plea of the petitioner is that he is not in a position to
furnish separate sureties, as directed in the remaining 11 bail orders.
In view of that he seeks for treating the sureties already furnished
in two cases in such a manner as to enure to the benefit of all the
other eleven cases.
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8. When the matter came up on 08.04.2024, this Court made the
following order:
“1. Mr. Prem Prakash, learned counsel for the petitioner,
contends that in spite of bail orders being passed in
11 cases, the petitioner is not able to avail his liberty
due to his inability to produce the sureties. Learned
counsel prays for a direction that the personal bonds
and the sureties that are executed in connection with
FIR No.0030 of 2021, dated 21.01.2021, registered at
P.S. Sadar, District Gurugram, should be held good for
the other bail orders set out in the prayer clause of the
petition.
2. Issue notice to the respondents.
3. Dasti, in addition, is permitted.
4. Liberty is granted to the petitioner to serve the standing
counsel for the respondent-States.
5. List the matter on 15.04.2024 for further consideration.”
9. To this Writ Petition, the States of Uttar Pradesh, Haryana,
Punjab, Rajasthan, Uttarakhand and Jail Superintendent Bhondsi
Jail, Gurugram are arrayed as Respondent no. 1, 2, 3, 4, 5 and
6 respectively. A perusal of the chart mentioned above would
reveal that while in the State of Uttar Pradesh there are six FIRs,
in Haryana there are two FIRs, in Punjab there is one FIR, in
Rajasthan there are two FIRs and in Uttarakhand there is one
FIR. There is also one FIR in Kerala where sureties have already
been furnished.
10. As far as the State of Haryana is concerned, out of the two FIRs
where bail orders have been obtained, sureties have been furnished
in FIR No. 30 of 2021 registered at Police Station Sadar, Gurgaon.
11. Counter affidavits have been filed by the respective States. The
State of Uttar Pradesh has contended that in FIR No. 685 of 2020,
the charge-sheet has been submitted on 07.07.2022 for the offences
under Sections 420, 406, 506, 467, 468 and 471 of IPC before the
Chief Judicial Magistrate, Mathura, UP. Insofar as FIR No. 343 of
2020 is concerned, charge-sheet has been filed on 14.07.2022 for
the offences under Sections 420, 406 and 506 of IPC against the
[2024] 8 S.C.R. 567
Girish Gandhi v. The State of Uttar Pradesh & Ors.
petitioner before the Learned Additional Chief Judicial Magistrate,
Mathura. According to the State, for each crime number, separate
surety is required and a particular surety cannot be made liable to
pay the amount in excess of the amount of bond that the surety has
furnished. In view of that, according to the State, bond of one surety
cannot be mixed up with the bond executed or to be executed in
other cases against different crime numbers. Stating so, the State
opposes the prayer of the petitioner.
12. Similarly, counter affidavit has been filed by the State of Rajasthan.
The State points out that apart from the two FIRs mentioned above,
there is one more FIR No. 230 of 2020 registered at Police Station
Sadarpur, District Jodhpur, Rajasthan. The State contends that
separate sureties are required and a common surety cannot be
made liable to pay the amount in excess of the amount of bond
that he or she furnishes. The State has also opposed the prayer of
the petitioner.
13. Equally, the State of Uttarakhand has averred that separate personal
bond and sureties ought to be furnished insofar as the sole FIR
pending in the State is concerned. The Superintendent, Bhondsi
Jail, Gurugram has also filed a counter affidavit opposing the prayer
of the petitioner.
14. The petitioner has also filed an additional affidavit placing on record
certain subsequent events pointing out that two more FIRs have
been registered against him viz., FIR No. 608 of 2022 registered at
Police Station, Vibhuti Khand, District Lucknow, U.P. on 13.09.2022
under Sections 406 and 420 of IPC and FIR No. 141 of 2023 dated
21.05.2023 registered at Police Station Tulsipur, District Balrampur
under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social
Activities (Prevention) Act, 1986. The petitioner has also averred
that insofar as FIR No. 608 of 2022 registered at Police Station
Vibhuti Khand is concerned, the petitioner had filed Writ Petition
(Criminal) Diary No.20302 of 2024 in this Court. We noticed that the
said proceeding is disposed of giving him liberty to approach the
High Court. We say nothing more insofar as FIR No. 608 of 2022
is concerned.
15. A prayer is made that the bail granted in FIR No. 222 dated 08.09.2020
registered at P.S. Tulsipur, District Balrampur, U.P. be allowed to
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enure to the benefit of the petitioner in connection with FIR No.
0141 of 2023 dated 21.5.2023 registered at PS Tulsipur, District
Balrampur, U.P. We outrightly reject this prayer. The petitioner is at
liberty to move appropriate proceedings which may be decided in
accordance with law and uninfluenced by the present order. We are
in the present matter only concerned as to whether insofar as the
eleven FIRs are concerned in which bail has already been granted,
there could be any order for consolidation of sureties and, if so, in
what manner.
Contentions:
16. We have heard Mr. Prem Prakash, learned counsel for the petitioner
and the learned senior counsels and counsels appearing for the
respective States. We have considered the documents on record
and the arguments advanced by the parties.
Analysis and Reasoning:
17. It is undisputed that in the 13 matters set out in the chart hereinabove,
the petitioner stands enlarged on bail. The bail orders have become
final and have not been challenged by the prosecution. It is also
undisputed that in two of them FIR no. 0030 of 2021 registered at
P.S. Sadar, Gurugram and FIR No. 53 of 2020 registered at P.S.
Pinarayi surety already stands furnished. The situation today is, in
spite of obtaining bail in 13 cases, the petitioner has not been able
to furnish sureties. There are two cases where bail has not been
granted and we have already observed that the present proceedings
do not concern them.
18. Section 441 of the Code of Criminal Procedure which deals with
bonds and sureties, reads as under:
“441. Bond of accused and sureties. – (1)Before any
person is released on bail or released on his own bond, a
bond for such sum of money as the police officer or Court,
as the case may be, thinks sufficient shall be executed by
such person, and, when he is released on bail, by one or
more sufficient sureties conditioned that such person shall
attend at the time and place mentioned in the bond, and
shall continue so to attend until otherwise directed by the
police officer or Court, as the case may be.
[2024] 8 S.C.R. 569
Girish Gandhi v. The State of Uttar Pradesh & Ors.
(2) Where any condition is imposed for the release of
any person on bail, the bond shall also contain that
condition.
(3) If the case so requires, the bond shall also bind the
person released on bail to appear when called upon at
the High Court, Court of Session or other Court to answer
the charge.
(4) For the purpose of determining whether the sureties
are fit or sufficient, the Court may accept affidavits in proof
of the facts contained therein relating to the sufficiency
or fitness of the sureties, or, if it considers necessary,
may either hold an inquiry itself or cause an inquiry to
be made by a Magistrate subordinate to the Court, as to
such sufficiency or fitness.”
19. Section 446 of the Code of Criminal Procedure which deals with
procedure when bond has been forfeited, reads as under:
“446. Procedure when bond has been forfeited. – (1)
Where a bond under this Code is for appearance, or for
production of property, before a Court and it is proved to
the satisfaction of that Court or of any Court to which the
case has subsequently been transferred, that the bond
has been forfeited,
or where in respect of any other bond under this Code, it is
proved to the satisfaction of the Court by which the bond was
taken, or of any Court to which the case has subsequently
been transferred, or of the Court of any Magistrate of the
first class, that the bond has been forfeited,
the Court shall record the grounds of such proof, and may
call upon any person bound by such bond to pay the penalty
thereof or to show cause why it should not be paid.”
20. As set out earlier, the cases against the petitioner span over six States.
Insofar as the case in Kerala is concerned, he has already furnished
sureties and there is only one case in that State. Insofar as Haryana
is concerned, of the two cases, he has furnished sureties in one and
in the other case what has been ordered is Fixed Deposit Receipt
(FDR) for a sum of Rs. 1,00,000/-. We do not propose to interfere
570 [2024] 8 S.C.R.
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with this order. The remaining States are Uttar Pradesh, Rajasthan,
Punjab and Uttarakhand. In these States, even though in the cases
concerned, the bail has been ordered, the petitioner is still in custody
because he is unable to furnish sureties.
21. The Oxford Dictionary defines ‘surety’ as “a person who takes
responsibility for another’s obligation”. Advanced Law Lexicon by P.
Ramanatha Aiyar, 3rd Edition 2005 defines ‘surety’ to mean “the bail
that undertakes for another man in a criminal case.”
22. Whether it is to get individuals, to stand as a guarantor for a loan
transaction or as a Surety in a criminal proceeding, the choice for
a person is very limited. It will very often be a close relative or a
longtime friend. In a criminal proceeding, the circle may get even
more narrowed as the normal tendency is to not disclose about the
said criminal proceeding to relatives and friends, to protect one’s
reputation. These are hard realities of life in our country and as a
court of law we cannot shut our eyes to them. A solution, however,
has to be found strictly within the framework of the law.
23. From time immemorial, the principle has been that the excessive
bail is no bail. To grant bail and thereafter to impose excessive and
onerous conditions, is to take away with the left hand, what is given
with the right. As to what is excessive will depend on the facts and
circumstances of each case. In the present case, the petitioner is
experiencing a genuine difficulty in finding multiple sureties. Sureties
are essential to ensure the presence of the accused, released on bail.
At the same time, where the court is faced with the situation where
the accused enlarged on bail is unable to find sureties, as ordered,
in multiple cases, there is also a need to balance the requirement
of furnishing the sureties with his or her fundamental rights under
Article 21 of the Constitution of India. An order which would protect
the person’s fundamental right under Article 21 and at the same time
guarantee the presence, would be reasonable and proportionate. As
to what such an order should be, will again depend on the facts and
circumstances of each case.
24. In Satender Kumar Antil vs. Central Bureau of Investigation &
Anr. (2022) 10 SCC 51, this Court held that “imposing a condition
which is impossible of compliance would be defeating the very object
of release.”
[2024] 8 S.C.R. 571
Girish Gandhi v. The State of Uttar Pradesh & Ors.
25. This Court, in SLP (Criminal) Nos. 8914-8915 of 2018 [Hani Nishad
@ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh],
has made the following order in a situation where the petitioner was
faced with 31 cases:
“Considering the submissions, the impugned order is
modified to the extent that the petitioner shall execute a
personal bond for Rs. 30,000/- (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.
With these observations, the Special Leave Petitions are
disposed of.
Pending applications, if any, shall stand disposed of.”
In Hani Nishad (supra) only one State was involved, as all the
cases were pending in the State of Uttar Pradesh.
26. We may also usefully note the order of this Court In Re Policy Strategy
for Grant of Bail in SMWP (Criminal) No. 4/2021 reported in 2023
SCC OnLine SC 483. By the order dated 31.01.2023, this Court
endorsing certain directions sought by the Amicus Curiae passed
an order for compliance with those directions. The two relevant
directions are extracted hereunder:-
“6) If the bail bonds are not furnished within one month
from the date of grant bail, the concerned Court may suo
moto take up the case and consider whether the conditions
of bail require modification/relaxation.
7) One of the reasons which delays the release of the
accused/convict is the insistence upon local surety. It is
suggested that in such cases, the courts may not impose
the condition of local surety.”
27. In the bail order in FIR No. 190/2020 registered at P.S. Savina,
Udaipur, Rajasthan, there is an order for providing a local surety.
The petitioner herein hails from Haryana and to secure a local surety
will be an arduous task for him. This condition has virtually rendered
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ineffective the order for bail. We need to do nothing more than to
recall the memorable words of Justice Krishna Iyer in Moti Ram and
Ors. vs. State of Madhya Pradesh (1978) 4 SCC 47 :-
“33. To add insult to injury, the magistrate has demanded
sureties from his own district! (we assume the allegation
in the petition). What is a Malayalee, Kannadiga, Tamil
or Telugu to do if arrested for alleged misappropriation or
theft or criminal trespass in Bastar, Port Blair Pahalgam
or Chandni Chowk? He cannot have sureties owning
properties in these distant places. He may not know any
one there and might have come in a batch or to seek a
job or in a morcha. Judicial disruption of Indian unity is
surest achieved by such provincial allergies. What law
prescribes sureties from outside or non-regional language
applications? What law prescribes the geographical
discrimination implicit in asking for sureties from the court
district? This tendency takes many forms, sometimes,
geographic, sometimes linguistic, sometimes legalistic.
Article 14 protects all Indians qua Indians, within the
territory of India. Article 350 sanctions representation to
any authority, including a court, for redress of grievances
in any language used in the Union of India. Equality before
the law implies that even a vakalat or affirmation made
in any State language according to the law in that State
must be accepted everywhere in the territory of India save
where a valid legislation to the contrary exists. Otherwise,
an adivasi will be unfree in Free India, and likewise many
other minorities. This divagation has become necessary
to still the judicial beginnings, and to inhibit the process
of making Indians aliens in their own homeland. Swaraj
is made of united stuff.”
In view of the above, we propose to relieve the petitioner from the
direction to produce a local surety.
28. Keeping the principles discussed hereinabove, we direct that for the
FIRs pending in each of the States of Uttar Pradesh, Rajasthan,
Punjab and Uttarakhand, in each State, the petitioner will furnish his
personal bond for Rs. 50,000/- and furnish two sureties who shall
execute the bond for Rs. 30,000/- each which shall hold good for
[2024] 8 S.C.R. 573
Girish Gandhi v. The State of Uttar Pradesh & Ors.
all FIRs in the concerned State, for cases mentioned in the chart
set out hereinabove. The same set of sureties is permitted to stand
as surety in all the States. We feel that this direction will meet the
ends of justice and will be proportionate and reasonable. For the
State of Uttar Pradesh, the above direction shall hold good for FIR
No. 1028/2020 registered at P.S. Civil Lines, Moradabad, Uttar
Pradesh, FIR No. 685/2020 registered at P.S. Vrindavan, Mathura,
Uttar Pradesh, FIR No. 309/2020 registered at P.S. Siddhartha Nagar,
Siddhartha Nagar, Uttar Pradesh, FIR No. 343/2020 registered at
P.S. Kotwali, Mathura, Uttar Pradesh, FIR No. 294/2020 registered
at P.S. Sipri Bazar, Jhansi, Uttar Pradesh and FIR No. 222/2020
registered at P.S. Tulsipur, Balrampur, Uttar Pradesh. Insofar as
the State of Uttar Pradesh is concerned, the personal bond for Rs.
50,000/- and two surety bonds of Rs. 30,000/- shall be executed in
regard to FIR No. 685/2020 registered at P.S. Vrindavan, Mathura.
This personal bond and the bond of surety will enure to the benefit
of all the other FIRs in the State of Uttar Pradesh mentioned in the
Chart set out in Para 4 herein above.
29. For the State of Punjab, the above direction shall hold good for the
FIR No. 297/2020 registered at P.S. Kotwali, Patiala, Punjab.
30. For the State of Rajasthan, the above direction shall hold good for
the FIR No. 190/2020 registered at P.S. Savina, Udaipur, Rajasthan
and FIR No. 190/2020 registered at P.S. Kotgate, Bikaner, Rajasthan.
The personal bond and the sureties as directed above, insofar as
the State of Rajasthan is concerned, shall be executed in regard to
FIR No. 190/2020 registered at P.S. Savina, Udaipur. This personal
bond and the bond of surety will enure to the benefit of the other
FIR registered in the State of Rajasthan as mentioned in the Chart
set out in Para 4 herein above.
31. For the State of Uttarakhand, the above direction shall hold good
for the FIR No. 146/2020 registred at P.S. Jwalapur, Haridwar,
Uttarakhand.
32. This condition will supersede the condition imposed in the respective
bail orders. We repeat that we have not dealt with FIR No. 608 of
2022 dated 13.09.2022 registered at P.S. Vibhuti Khand, District
Lucknow, U.P., FIR No. 141 of 2023 dated 21.05.2023 registered
at P.S. Tulsipur, District Balrampur, U.P. and FIR No. 230 of 2020
registered at P.S. Sadarpur, District Jodhpur, Rajasthan or any other
574 [2024] 8 S.C.R.
Digital Supreme Court Reports
FIR other than the one mentioned in the chart mentioned in para 4
hereinabove which the petitioner may be involved with. Petitioner
may pursue independent proceedings with regard to those matters.
33. The writ petition is allowed in terms of the directions given hereinabove.
Result of the case: Writ petition allowed.
†
Headnotes prepared by: Divya Pandey
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