Allahabad High Court
Mahesh Kumar Mishra vs State Of U.P. Thru. Addl. Chief Secy. ... on 28 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 2918 of 2023 Applicant :- Mahesh Kumar Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Indra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Indra Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant to allow the accused/ applicant to submit a personal bond and two sureties in lieu of all eight cases.
It is submitted by learned counsel for the applicant that in all the eight 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 Ayodhya, Case Crime No.682 of 2017, under Sections 188, 506 I.P.C., Police Station Kotwali Ayodhya, District Ayodhya and Case Crime No.390 of 2022, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Faizabad/ Ayodhya, the applicant has already been granted bail 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.
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 in the bail orders.
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 eight cases with the condition to file a personal bond and two sureties in each cases.
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.
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 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 Ayodhya, Case Crime No.682 of 2017, under Sections 188, 506 I.P.C., Police Station Kotwali Ayodhya, District Ayodhya and Case Crime No.390 of 2022, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Faizabad/ Ayodhya, and thereafter, he shall be released on bail in accordance with law, if he is not wanted in any other case.
With the above observations, this application under Section 482 Cr.P.C. is finally disposed of.
(Ajai Kumar Srivastava-I, J.) Order Date :- 28.3.2023 cks/-