Allahabad High Court
Aamir vs State Of U.P. Though It Principal ... on 11 August, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163566
Court No. - 88
Case :- APPLICATION U/S 482 No. - 27209 of 2023
Applicant :- Aamir
Opposite Party :- State Of U.P. Though It Principal Secretary (Home)
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for he State of U.P./opposite party no. 1.
This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to issue direction to the court below to accept same personal bond and sureties which have been submitted by the applicant in another case being Case Crime No. 265 of 2023, under Section 307 I.P.C. and Sections 3, 25, 27 Arms Act, Police Station New Mandi, District Muzaffar Nagar for all the nine cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in nine other cases and in all the cases, he has been granted bail by the Court with certain conditions, the details of cases and bail orders are given hereinbelow :
(i) Case Crime No. 231 of 2023, under Sections 379, 411 I.P.C., Police Station Khatauli, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 06.07.2023,
(ii) Case Crime No. 265 of 2023, under Section 379 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 07.07.2023,
(iii) Case Crime No. 202 of 2023, under Sections 379, 411 I.P.C., Police Station Khatauli, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 06.07.2023,
(iv) Case Crime No. 237 of 2023, under Sections 380, 457, 411, 465, 468, 414 I.P.C., Police Station New Mandi, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 22.06.2023,
(v) Case Crime No. 264 of 2023, under Sections 380, 457, 411 I.P.C., Police Station New Mandi, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 21.06.2023,
(vi) Case Crime No. 122 of 2023, under Section 379 I.P.C., Police Station Mansoorpur, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 03.07.2023,
(vii) Case Crime No. 75 of 2023, under Section 379 I.P.C., Police Station Mansoorpur, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 03.07.2023,
(viii) Case Crime No. 79 of 2023, under Sections 379, 411 I.P.C., Police Station Mansoorpur, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 05.07.2023,
(ix) Case Crime No. 162 of 2023, under Section 379 I.P.C., Police Station Charthawal, District Muzaffar Nagar, in which the applicant has been granted bail by the Court below vide order dated 14.06.2023.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal bond and sureties each for the aforementioned cases, in which he has been granted bail. He prays that the court below may be directed to accept the same personal bond and sureties which have already been submitted by the applicant in another case being Case Crime No. 265 of 2023, under Section 307 I.P.C. and Sections 3, 25, 27 Arms Act, Police Station New Mandi, District Muzaffar Nagar for all the above mentioned nine cases.
In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh - Special Leave to Appeal (Criminal) Nos. 8914-8915/2018 (decided on 29.10.2018), wherein the Court in similar circumstances has directed that the petitioner therein shall execute a personal bond for Rs.30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein.
Learned A.G.A. on the other hand submits that looking into the nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant.
In the light of above, it is provided that the personal bond and sureties which have already been submitted by the applicant in another case being Case Crime No. 265 of 2023, under Section 307 I.P.C. and Sections 3, 25, 27 Arms Act, Police Station New Mandi, District Muzaffar Nagar shall also hold good for all the nine cases mentioned hereinabove.
Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective bail orders in the aforesaid nine cases shall remain intact.
With the aforesaid directions the application stands disposed of.
Order Date :- 11.8.2023
Shubham
