Allahabad High Court
Surjit @ Chintu vs State Of U.P. on 15 March, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 8613 of 2023 Applicant :- Surjit @ Chintu Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Shri Dheeraj Kumar Singh, learned counsel for the applicant, Shri S.B. Maurya, 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-Surjit @ Chintu with the prayer to direct the Addl. District Judge/F.T.C.1, Gautam Buddha Nagar to accept one personal bond with two sureties in Case Crime No.407 of 2022, u/s 392 IPC, P.S. Beta-2, District Gautam Buddha Nagar and consider the same for other five cases looking to the financial poor condition of the applicant without requiring from the applicant to provide two sureties in each case (total twelve sureties) in the larger interest of justice, otherwise the applicant shall suffer an irreparable loss and injury.
Learned counsel for the applicant argued that the applicant is involved in six criminal cases being Case Crime No.407 of 2022, u/s 392 IPC, Case Crime No.416 of 2022, u/s 379, 356 IPC, Case Crime No.447 of 2022, u/s 379, 356 IPC, Case Crime No.450 of 2022, u/s 392 IPC, Case Crime No.451 of 2022, u/s 307, 414, 482 IPC and Case Crime No.452 of 2022, u/s 3/25/27 Arms Act. It is argued that bail has been granted to applicant in all the said cases by the concerned court, copy of the said orders are annexed as Annexure Nos. 1, 2, 3, 4, 5 and 6 to the affidavit filed in support of present application. 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 6 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 six cases which have been mentioned in paragraph nos.3 to 8 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 (one should be of his family member) to the like amount which shall hold good for all the six cases.
With the aforesaid direction, the present application stands disposed of.
(Samit Gopal, J.) Order Date :- 15.3.2023 Gaurav