Allowed

Mohammad Kalam v. State of U.P.

Allahabad HC10 Apr 2023A482/10215/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed an application under Section 482 Cr.P.C. relieving the applicant from furnishing multiple sets of sureties for five different criminal cases. Relying on Hani Nishad @ Mohammad Imran @ Vikky, the single Judge directed that a single personal bond and one set of two sureties be sufficient for release in all indicted cases.

What did the court decide?

The application was allowed and the Magistrate was directed to accept a single personal bond and one set of two sureties for the applicant's release in all five indicated cases.

Mohammad Kalam Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 10215 of 2023

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Applicant :- Mohammad Kalam Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This is an application under Section 482 Cr.P.C. seeking a direction to the Magistrate to accept a single personal bond and a single set of two sureties in the following 5 cases:

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(i) Case Crime No. 56 of 2021, under Sections 457, 380, 411 IPC, P.S. Chakeri, Kanpur Nagar;

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(ii) Case Crime No. 32 of 2021, under Sections 420, 467, 468, 471 IPC, P.S. Rail Bazar, Kanpur Nagar;

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(iii) Case Crime No. 881 of 2020, under Sections 457, 380, 411 IPC, P.S. Chakeri, Kanpur Nagar;

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(iv) Case Crime No. 33 of 2021, under Section 8/20 N.D.P.S. Act, P.S. Rail Bazar, Kanpur Nagar;

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(v) Case Crime No. 34 of 2021, under Section 3/25 Arms Act, P.S. Rail Bazar, Kanpur Nagar.

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The submission of learned counsel for the applicant is that he is in jail in connection with 5 cases and has been granted bail in Crime No. 56 of 2021 by the Additional Sessions Judge, Court No. 14, Kanpur Nagar, vide order dated 08.06.2022; in Crime No. 32 of 2021 by the Additional Sessions Judge, Kanpur Nagar, vide order dated 06.09.2022; in Crime No. 881 of 2020 by the Additional Sessions Judge, Court No. 14, Kanpur Nagar vide order dated 08.06.2022; In Crime No. 33 of 2021 by this Court vide order dated 07.04.2022 in Criminal Misc. Bail Application No. 14156 of 2022 and in Crime No. 34 of 2021 by the Judicial Magsitrate, Court No. 3, Kanpur Nagar vide order dated 12.12.2022.

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The submission is that applicant is not in a position to furnish so

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many sureties separately in each of the cases, resulting in his detention in prison though he has been granted bail. He submits that liberty cannot be taxed in this fashion and the application kept in jail depriving him of his right to liberty guaranteed under Article 21 of the Constitution of India.

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The learned counsel for the applicant has drawn the attention of this Court to an order of the Supreme Court dated 29.10.2018 passed in Hani Nishad @ Mohammad Imran @ Vikky in petition for Special Leave to Appeal (Cr.) No. 8914-8915 of 2018 where a single personal bond and two sureties for the amount indicated were held good for all 31 cases in which the applicant in the case before their Lordships was required to be released pursuant to bail orders.

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Following the decision in Hani Nishad @ Mohammad Imran @ Vikky, this Court is of opinion that in order to secure the ends of justice, it is apposite to direct that the applicant be released on bail in all the five cases above indicated on his executing a personal bond and two sureties in one set for all the five cases. The Magistrate shall accept a single bond and a single set of two sureties to his satisfaction in all 5 cases.

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This application is allowed in terms of the aforesaid.

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Order Date :- 10.4.2023 Vijay

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Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad

Mohammad Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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