Allahabad High Court
Gulab Kharwar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 3 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 3100 of 2023 Applicant :- Gulab Kharwar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard 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 grant reprieve to him to the extent that to release the applicant from jail by furnishing the personal bond and two sureties in all fifteen cases as mentioned in this petition.
It is submitted by learned counsel for the applicant that in fifteen criminal cases bearing (i) Case Crime No.181 of 2021, under Sections 457, 380 I.P.C., Police Station Harchandpur, District Raebareli (ii) Case Crime No.342 of 2021, under Sections 457, 380 I.P.C., Police Station Harchandpur, District Raebareli (iii) Case Crime No.389 of 2021, under Section 380 I.P.C., Police Station Bhadhokhar, District Raebareli (iv) Case Crime No.457 of 2021, under Section 380 I.P.C., Police Station Unchahar, District Raebareli (v) Case Crime No.20 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (vi) Case Crime No.42 of 2022, under Section 380 I.P.C., Police Station Sareni, District Raebareli (vii) Case Crime No.51 of 2022, under Section 380 I.P.C., Police Station Mill Area, District Raebareli (viii) Case Crime No.70 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (ix) Case Crime No.121 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Maharajganj, District Raebareli (x) Case Crime No.164 of 2022, under Section 380 I.P.C., Police Station Sareni, District Raebareli (xi) Case Crime No.189 of 2022, under Section 380 I.P.C., Police Station Gurubuxganj, District Raebareli (xii) Case Crime No.191 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (xiii) Case Crime No.196 of 2022, under Section 380 I.P.C., Police Station Mill Area, District Raebareli (xiv) Case Crime No.214 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli and (xv) Case Crime No.241 of 2022, under Sections 457, 380 I.P.C., Police Station Unchahar, District Raebareli, the applicant has already been granted bail by the court below 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 applicants. Therefore, the applicant cannot be exempted from filing sureties bonds as directed by learned trial Court.
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 fifteen 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. (i) Case Crime No.181 of 2021, under Sections 457, 380 I.P.C., Police Station Harchandpur, District Raebareli (ii) Case Crime No.342 of 2021, under Sections 457, 380 I.P.C., Police Station Harchandpur, District Raebareli (iii) Case Crime No.389 of 2021, under Section 380 I.P.C., Police Station Bhadhokhar, District Raebareli (iv) Case Crime No.457 of 2021, under Section 380 I.P.C., Police Station Unchahar, District Raebareli (v) Case Crime No.20 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (vi) Case Crime No.42 of 2022, under Section 380 I.P.C., Police Station Sareni, District Raebareli (vii) Case Crime No.51 of 2022, under Section 380 I.P.C., Police Station Mill Area, District Raebareli (viii) Case Crime No.70 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (ix) Case Crime No.121 of 2022, under Sections 457, 380, 411 I.P.C., Police Station Maharajganj, District Raebareli (x) Case Crime No.164 of 2022, under Section 380 I.P.C., Police Station Sareni, District Raebareli (xi) Case Crime No.189 of 2022, under Section 380 I.P.C., Police Station Gurubuxganj, District Raebareli (xii) Case Crime No.191 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli (xiii) Case Crime No.196 of 2022, under Section 380 I.P.C., Police Station Mill Area, District Raebareli (xiv) Case Crime No.214 of 2022, under Sections 457, 380 I.P.C., Police Station Mill Area, District Raebareli and (xv) Case Crime No.241 of 2022, under Sections 457, 380 I.P.C., Police Station Unchahar, District Raebareli 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.
Order Date :- 3.4.2023 Mahesh