Allahabad High Court
Pankaj Maan vs State Of U.P. on 19 April, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:68444 Court No. - 87 Case :- APPLICATION U/S 482 No. - 11372 of 2024 Applicant :- Pankaj Maan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant, Sri Ramesh Prakash Shukla, learned A.G.A. for the State and perused the records.
2. "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the trial court to accept the two surety in all the three cases, first case is Case Crime No. 298 of 2016 under Section 307 I.P.C., P.S. Doghat, District Baghpat, second case is Case Crime No. 282 of 2016 under Section 394, 411, 201 I.P.C., P.S. Doghat, District Baghpat, third case is Case Crime No. 280 of 2016, under Section 302, 307, 452, 506, 394, 411, 34 I.P.C., P.S. Doghat, District Baghpat all the cases pertains to same police station and district, Baghpat, otherwise the applicant shall suffer irreparable loss and injury."
3. Learned counsel for the applicant argued that the applicant is involved in three criminal cases of the same nature. Bail has been granted to him in all the cases by the concerned court. An application was moved by him before the Sessions Judge, Baghpat for permitting filing a single bail bond and two sureties which may be treated as sufficient in all the said cases which stood rejected vide order dated 28.03.2024. 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) 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.
4. 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.
5. 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 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.
6. With the aforesaid direction, the present application stands disposed of.
Order Date :- 19.4.2024 Ruhi H. (Samit Gopal, J.)