Allahabad High Court
Shadan vs State Of U.P. And Another on 25 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 1353 of 2023 Applicant :- Shadan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri R.K. Singh, Advocate holding brief of Sri Kamal Kishor Mishra, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the court below to accept two sureties which is being submitted by the applicant in respect of Case Crime No. 86 of 2022, under Sections 413, 414, 465, 34 I.P.C., Police Station Delhi Gate, District Meerut in which the applicant was granted bail vide order dated 14.11.2022 passed by this Hon'ble Court and same surety bond be accepted in all 11 other cases relating to Case Crime No. 85 of 2022, U/s 3/25 Arms Act; Case Crime No. 88 of 2020, U/s 379 I.P.C.; Case Crime No. 210 of 2021, U/s 379 I.P.C.; Case Crime No. 211 of 2021, U/s 379 I.P.C.; Case Crime No. 220 of 2021, U/s 379 I.P.C.; Case Crime No. 221 of 2021, U/s 379 I.P.C.; Case Crime No. 227 of 2021, U/s 379 I.P.C.; Case Crime No. 228 of 2021, U/s 411, 414 I.P.C.; Case Crime No. 229 of 2021, U/s 379 I.P.C.; Case Crime No. 485 of 2019, U/s 147, 148, 504, 506, 341 I.P.C. & Section 7 Criminal Law Amendment Act and Case Crime No. 195 of 2019, U/s 147, 149, 332, 353, 186, 188, 342 I.P.C. & Section 7 Criminal Law Amendment Act all relating to Police Station Delhi Gate, District Meerut in which the applicant has been released on bail vide orders dated 29.11.2022, 08.01.2021, 30.09.2022, 04.07.2022, 18.10.2022, 24.06.2022, 23.11.2022, 10.08.2021, 02.07.2022, 03.11.2022, 23.12.2022 respectively.
And / Or to pass such other and further order which this Hon'ble Court may deemed fit and proper under the circumstances of the case, otherwise applicant shall suffer irreparable loss and injury."
Learned counsel for the applicant argued that the applicant is involved in 11 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 11 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 also passed by a co-ordinate Bench of this Court in Application U/S 482 No. 19972 of 2022 (Jitendra Gupta @ Jeetu vs. State of U.P. and another) 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 11 cases which have been mentioned in paragraph 20 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 11 cases.
With the aforesaid direction, the present application stands disposed of.
Order Date :- 25.1.2023 AS Rathore (Samit Gopal,J.)