Disposed

Prashant v. State of U.P.

Allahabad HC3 Feb 2023A482/1827/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court directed that a personal bond and sureties submitted by the applicant in one case shall hold good for all 16 related criminal cases, relying on the Apex Court's decision in Hani Nishad, thereby avoiding the imposition of onerous surety conditions across multiple charges.

What did the court decide?

Directed the court below to treat the personal bond and two sureties submitted in Case Crime No.675/2022 as sufficient for all other 15 mention cases.

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

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 1827 of 2023

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Applicant :- Prashant Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Shri Vinod Kumar Tripathi, learned counsel for the applicant and learned A.G.A. Perused the record.

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By means of the present application u/s 482 Cr.P.C. the applicant is seeking a direction to the court below to treat the personal bond and two sureties submitted on behalf of applicant in one case i.e. Case Crime No.675 of 2022, u/s 414 I.P.C., Police Station-Sector 39 NOIDA, District G.B. Nagar to be treated sufficient in respect of all the criminal cases mentioned in the chart given in paragraph no.6 of the accompanying affidavit.

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Contention raised by learned counsel for the applicant is that the applicant is fastened with as many as 16 cases to his credit. An F.I.R. dated 27.10.2022 u/s 414 I.P.C. at Police Station NOIDA, Gautam Budh Commissionerate was lodged by Sohanvir Singh against the applicant Prashant, Golu Joshi, Vikki, David @ Ravi and Rinku. Consequently, one after the another police has filed the instant F.I.R. having No.675 of 2022, there are as many as 16 cases mentioned in para-6 of the petition, whereby the applicant was fastened with 16 cases during 13.12.2022 to 5.1.2023 at Police Station Sector-39, Gautam Budh Nagar u/s 379, 411 I.P.C. Details of those cases are mentioned herein below :

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(1) Case Crime No.324/2022, u/s 379, 411 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(2) Case Crime No.342/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(3) Case Crime No.447/2022, u/s 379, 411 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(4) Case Crime No.466/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(5) Case Crime No.481/2022, u/s 379 IPC, P.S.-Sector 39,

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District-Gautam Budh Nagar.

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(6) Case Crime No.568/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(7) Case Crime No.597/2022, u/s 379, 411 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(8) Case Crime No.601/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(9) Case Crime No.614/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(10) Case Crime No.615/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(11) Case Crime No.627/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(12) Case Crime No.636/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(13) Case Crime No.663/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(14) Case Crime No.668/2022, u/s 379 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(15) Case Crime No.673/2022, u/s 379, 411 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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(16) Case Crime No.675/2022, u/s 414 IPC, P.S.-Sector 39, District-Gautam Budh Nagar.

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Contention of learned counsel for the applicant is that in all cases the applicant has been bailed out and in all bail applications, the court below while allowing bail applications has pasted an exorbitant condition of depositing two sureties of Rs.50,000/- each and personal bond of the same amount. It is further contended by learned counsel that this would be extremely heavy and unreasonable on the part of prosecuting agency. It is thus urged that in the interest of justice the court below may be directed that the sureties submitted by applicant for satisfaction of bail in one case crime number may be hold good in all the criminal cases. In this regard learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. in Special Leave to Appeal (Crl) No.8915 of 2018 , in which the Apex Court has given the following directions :

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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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Learned A.G.A. conceded that if applicant is unable to file different sureties in 16 cases, then in view of the directions of the Apex Court, as noted above, the sureties submitted in one case crime number be directed to hold good in all other criminal cases.

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In view of the facts and circumstances of the case and the directions issued by the Apex Court as noted herein above, it is provided that in case the applicant has been granted bail in all the aforesaid cases, the applicant shall execute a personal bond of Rs.1,00000/- in each case crime number and two sureties of the like amount in one case crime number, which shall hold good in other case crime numbers also.

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With the aforesaid observation, the present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 3.2.2023 M. Kumar

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

Prashant v. State of U.P.

Case brief

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Prashant v. State of U.P.

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