Allahabad High Court
Sarad Chandra Mishra @ Babu vs State Of U.P. Thru. Prin. Secy. Home ... on 11 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:32456 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4643 of 2023 Applicant :- Sarad Chandra Mishra @ Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dhirendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Dhirendra Singh, learned counsel for the applicant, Sri Alok Saran, learned A.G.A. for the State and perused the entire record.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned trial court to accept same sureties (two sureties) in all the seven cases registered against the accused/ applicant as mentioned in paragraph No.4 to the instant application.
3. It is submitted by learned counsel for the applicant that in all the seven criminal cases bearing Case Crime No.302 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.303 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.304 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.305 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.307 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.323 of 2022, under Sections 379, 429, 109, 120B I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya and Case Crime No.390 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Faizabad, the applicant has already been granted bail by the coordinate Benches of this Court subject to filing a personal bond and two sureties in the like amount. However, the applicant being unable to arrange two sureties for each case is still languishing in jail. He, thus, submits that the condition of filing two sureties each be relaxed and the applicant should be directed to be released on filing his personal bonds only.
4. Per contra, learned A.G.A. has opposed the prayer made by learned counsel for the applicant by submitting that the condition of filing two sureties and bonds is inseperable part of the order granting bail to the applicant. Therefore, the applicant cannot be exempted from filing sureties bonds as directed by the coordinate Benches of this Court.
5. Having heard learned counsel for parties and upon perusal of the record it transpires that the applicant has already been granted bail in the aforesaid seven cases with the condition to file a personal bond and two sureties in each cases.
6. Learned counsel for the applicant has relied upon the decision of Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vicky vs. The State of Uttar Pradesh in Special Leave to Appeal No. 8914-8915 of 2018, decided on 31.10.2013, in which, Hon'ble Apex Court has passed the order directing the accused to execute one personal bond and two sureties in all cases, in which, he was enlarged on bail.
7. Thus, having regard to the overall aforesaid facts and circumstances of the case, it is provided that the applicant shall furnish a personal bond of the amount specified by the learned trial court concerned and one surety in each cases i.e. Case Crime No.302 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.303 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.304 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.305 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.307 of 2022, under Sections 295, 295A, 120B, 34 I.P.C., Police Station Kotwali Nagar, District Ayodhya, Case Crime No.323 of 2022, under Sections 379, 429, 109, 120B I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya and Case Crime No.390 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Faizabad, and thereafter he shall be released on bail in accordance with law, if he is not wanted in any other case.
8. With the above observations, this application under Section 482 Cr.P.C. is finally disposed of.
(Ajai Kumar Srivastava-I, J.) Order Date :- 11.5.2023 cks/-