Allowed

Mobeen @ Bhura v. State of U.P.

Allahabad HC23 May 2023A482/14398/2023

Case brief

AI extract

What is this about?

The High Court, in an S. 482 Cr.P.C. application, allowed the applicant a common personal bond and two sureties valid for all six pending criminal cases where bail was already granted, following a Supreme Court precedent.

What did the court decide?

Allowed a common personal bond and two sureties to be treated as valid and adequate compliance for bail conditions in all six pending criminal cases.

Mobeen @ Bhura Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113642

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 14398 of 2023

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Applicant :- Mobeen @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Syed Wajid Ali,Anuj Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Anuj Kumar Sharma, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been preferred by the applicant seeking a direction upon the court below to accept a personal bond and two sureties in all the six criminal cases pending against the applicant being Case Crime No. 0026/2022, 15/2022, 16/2021, 81/2021, 116/2022, 638/2021 registered in Police Stations-Khatauli & Ramraj, District-Muzaffar Nagar.

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Learned counsel for the applicant submits that applicant is involved in six criminal cases for various offences. The bail has been granted in all the six cases but the applicant is unable to manage the separate surety bonds, hence, he could not submit his bail bonds in all the aforesaid cases. Therefore, he has requested that the learned court below concerned be directed to consider the sureties and personal bond in one case treating the same for all the six cases. Copy of all the six bail orders have been annexed as Annexure no.2 to the application.

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Learned counsel for the applicant has placed reliance upon the judgement of the Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P. vide order dated 29th October, 2018 passed in S.L.P (Crl.) No(s). 89148915 of 2018, wherein it has been directed that the learned court below to accept the sureties and personal bond in one case and treat the same for all other cases, which is quoted herein below:

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"Heard learned counsel for the parties. The petitioner is said to have been involved in 31 criminal cases for various offences.

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The Trial Court granted bail in all the 31 cases by different orders inter alia on condition of arranging two sureties each in all the cases.

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The petitioner moved the High Court under Section 482 of the Criminal Procedure Code, contending that it was impossible for the petitioner to arrange 62 sureties.

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It is the case of the petitioner that the High Court had in similar circumstances granted bail to the petitioner with two sureties of Rs. 1,00,000/- (Rupees One lakh only) in the case under Gangster Act and the same sureties were to be the sureties in all other cases as well, by an order dated 21.9.2017. The petitioner was directed to execute personal bond of Rs. 30,000/- in each case.

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However, by the impugned order, the High Court has modified the conditions of bail imposed by the Trial Court in the instant cases by directing the Trial Court to accept one common surety for all the cases and one surety each for the 31 cases.

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Learned counsel for the petitioner submits that even though the Court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties.

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Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases.

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With these observations, the Special Leave Petitions are disposed of.

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Pending applications, if any, shall stand disposed of."

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Learned Additional Government Advocate has not disputed the aforesaid legal position being settled by the Hon'ble Supreme Court.

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In view of facts and circumstances of the case, the application is disposed of and it is provided that the applicant shall execute a personal bond and two sureties to the satisfaction of court concerned below which bond shall hold good for all the six cases. It is clarified that the personal bond so executed by the applicant and the bond so executed by the two sureties shall hold good for all six cases. If this is done, the said personal bond and two sureties may be treated to be valid in all other cases wherein applicant has been released on bail and the same shall be deemed to be adequate compliance of all other bail orders.

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Order Date :- 23.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Mobeen @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mobeen @ Bhura v. State of U.P.

Case brief

What is this about?

What did the court decide?

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