Allahabad High Court
Pushpensra Chaudhary @ Kalu vs State Of U.P. And Another on 9 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 364 of 2023 Applicant :- Pushpensra Chaudhary @ Kalu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Singh,Ajit Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Rajesh Kumar Mishra, Advocate holding brief of Sri Raghvendra Singh, 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 set-aside the impugned order dated 22.12.2022 passed by the learned Chief Judicial Magistrate, Agra in Misc. Application dated 21.12.2022 in Case Crime No. 288 of 2021, under Sections 379, 34 I.P.C., Police Station Hariparwat, District Agra.
It is further prayed that this Hon'ble Court may graciously be pleased to direct the learned court below to pass a fresh order and accept the bail bonds and sureties of the applicant in which criminal cases of the applicant is on bail.
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 22 criminal cases of the same nature. Bail has been granted to him in all the cases by the concerned court. An application was moved by him before the C.J.M., Agra for permitting filing a single bail bond and two sureties which may be treated as sufficient in all the said cases which stood rejected vide order dated 22.12.2022. 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 22 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 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 22 cases which have been mentioned in paragraph 5 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 22 cases.
With the aforesaid direction, the present application stands disposed of.
Order Date :- 9.1.2023 AS Rathore (Samit Gopal,J.)