Allahabad High Court
Javed Alias Sameer Alias Kalua vs State Of U.P. on 2 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 2323 of 2023 Applicant :- Javed Alias Sameer Alias Kalua Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Shri Vipin Kumar Jaiswal holding brief of Sri Prateek Sinha, learned counsel for the applicant, Shri Raj Kumar Gupta, learned counsel for the State and perused the material brought on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant?Javed Alias Sameer Alias Kalua with the prayer to direct the court below concerned to accept the personal bond and surety in one criminal case treating the same for all the five cases, mentioned in paragraph no.5 of the affidavit, otherwise the applicant shall suffer an irreparable loss and injury.
Learned counsel for the applicant argued that the applicant is involved in 5 criminal cases. Bail has been granted to him in all the cases by the concerned court. It is argued that though the applicant has been granted bail in all five cases but since he is unable to manage the separate surety bond, hence he could not submit his bail bond in all cases and still languishing in jail, hence he may be permitted to file a personal bond and two sureties in one case which may be treated in all the said five 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 Crl. Misc. Application 482 No. 364 of 2023 (Pushpendra Chaudhary @ Kalu Vs. State of U.P. and another) passed by this Court vide order dated 09.01.2023 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 five 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 five cases.
With the aforesaid direction, the present application stands disposed of.
(Samit Gopal, J.) Order Date :- 2.2.2023 Gaurav