Allahabad High Court
Akhilesh Chauhan vs State Of U.P. on 28 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 2285 of 2023 Applicant :- Akhilesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Shekhar Neelkanth, Advocate, holding brief of Sri Mohit Singh, learned counsel for the applicant and Sri Siddharth Baghel, learned brief holder for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant Akhilesh Chauhan with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application (Under Section 482 Cr.P.C.) and direct the court concerned to accept one personal bond and two sureties to its satisfaction in respect of twenty six (26) cases which are as follows:-
i. Case Crime No. 198/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut; ii. Case Crime No. 211/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut; iii. Case Crime No. 225/2018, u/s 420, 467, 468, 471, 120-B Police Station Daurala, District Meerut; iv. Case Crime No. 327/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut; v. Case Crime No. 355/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; vi. Case Crime No. 454/2018, u/s 420, 467, 468, 406, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; vii. Case Crime No. 477/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; viii. Case Crime No. 499/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; ix. Case Crime No. 535/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; x. Case Crime No. 631/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xi. Case Crime No. 632/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xii. Case Crime No. 634/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xiii. Case Crime No. 635/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xiv. Case Crime No. 636/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xv. Case Crime No. 637/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut; xvi. Case Crime No. 639/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xvii. Case Crime No. 657/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xviii. Case Crime No. 658/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xix. Case Crime No. 667/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xx. Case Crime No. 678/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xxi. Case Crime No. 679/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xxii. Case Crime No. 681/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xxiii. Case Crime No. 682/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xxiv. Case Crime No. 711/2018, u/s 420, 467, 468, 471, 120-B, 323, 504, 506 IPC, Police Station Daurala, District Meerut; xxv. Case Crime No. 712/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut; xxvi. Case Crime No. 772/2018, u/s 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Daurala, District Meerut."
Learned counsel for the applicant argued that the applicant is involved in 26 criminal cases of the same nature. Bail has been granted to him in all the cases by the concerned court. It is argued that as bail has been granted in all the cases against the applicant, he is unable to file separate bail bonds and surety bonds, hence he may be permitted to file a personal bond and two sureties in one case which may be treated in all the said 26 cases. Learned counsel has relied upon the order passed by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P.: S.L.P. (Crl) No. 8914-8915/2018 decided on 29.10.2018, order dated 12.05.2021 passed by a co-ordinate Bench of this Court in U/S 482/378/407 No. 1974 of 2021 (Shiv Shankar Gautam vs. State of U.P.), the order dated 28.06.2022 passed by a co-ordinate Bench of this Court in Application U/S 482 No. 15989 of 2022 (Sunil Chak vs. State of U.P. and another) and the order dated 18.07.2022 in Application U/S 482 No. 19972 of 2022 (Jitendra Gupta @ Jeetu vs. State of U.P. and another) & the order dated 16.03.2021 in Application U/S 482 No. 19367 of 2020 (Ravi Kumar Rastogi vs. State of U.P.) passed by a co-ordinate Benches of this Court and order dated 09.01.2023 passed by this Court in Application U/S 482 No. 364 of 2022 (Pushpensra Chaudhary @ Kalu vs. State of U.P. and Another) and has argued that in the said matters the situation was identical and the courts ordered filing a personal bond and two sureties in one case which was directed to be treated to be valid in all the other cases and was directed to be deemed to be an adequate compliance of all the other bail orders for release of the applicant. It is argued that as such appropriate directions to the said effect be passed.
Learned counsel for the State has been heard who could not dispute the said proposition and also orders as relied upon by learned counsel for the applicant.
After having heard the learned counsel for the parties and perusing the records and the facts of the case and orders relied by learned counsel for the applicant, it is provided that the applicant shall be released in all the 26 cases which have been mentioned in paragraph 03 of the affidavit in support of application U/S 482 Cr.P.C. on his furnishing a personal bond of Rs. 1 lakh and two sureties to the like amount (one of the sureties will be of family member of the applicant) which shall hold good for all the 26 cases.
With the aforesaid direction, the present application stands disposed of.
Order Date :- 28.1.2023 Vijay (Samit Gopal, J.)