Allahabad High Court
Monu @ Mota vs State Of U.P. on 23 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 69 Case :- APPLICATION U/S 482 No. - 1703 of 2023 Applicant :- Monu @ Mota Opposite Party :- State of U.P. Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. List revised. Heard Sri Ayank Mishra, learned counsel for the applicant and Ms. Arti Agarwal, learned counsel for the State. The present application under Section 482 Cr.P.C. has been filed by the applicant Monu @ Mota with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the court below to accept the personal bond of Rs. 50,000/- and two sureties of same amount in one criminal case, treating the same for all other three cases mentioned below: A. Case Crime No. 647/2016, U/s 307 IPC, P.S. Muradnagar, District Ghaziabad. B. A. Case Crime No. 649/2016, U/s 307, 332, 353 IPC and Section 7 Criminal Law Amendment Act, P.S. Muradnagar, District Ghaziabad. C. A. Case Crime No. 646/2016, U/s 364, 511, 307, 323, 427 IPC, P.S. Muradnagar, District Ghaziabad. In the interest of justice the applicant on furnishing personal bond and sureties so executed, hold good for all three cases and the applicant be released on bail, granted by the court below and conditions mentioned in bail orders may be modified accordingly and/or to pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case." Learned counsel for the applicant argued that the applicant is involved in three criminal cases of the same nature. The applicant is in jail since 21.11.2016. There are three cases aganinst him in which he was granted bail on 25.02.2019 in two cases which are referred to in para 5-7 of the affidavit and on 01.03.2019 which is referred to in para 9 of the affidavit and even despite the same he is in jail since last three years after being granted bail by the concerned courts. 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 three 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) as well as order dated 09.01.2023 passed by this Court in Application U/S 482 No. 364 of 2022 (Pushpendra 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 three cases which have been mentioned in paragraph 5, 6, 7 and 9 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 three cases. With the aforesaid direction, the present application stands disposed of. Order Date :- 23.1.2023 M. ARIF (Samit Gopal, J.)