The Court disposed of an application under Section 482 Cr.P.C. allowing the applicants to be released on a single personal bond and two sureties in one case, to be treated as valid compliance for three related criminal cases.
Applicants released in three cases on single personal bond of Rs. 1 lakh and two sureties valid for all cases.
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Neutral Citation No. - 2023:AHC:116883
Court No. - 71
Case :- APPLICATION U/S 482 No. - 18703 of 2023
Applicant :- Virat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct the court below to accept the personal bond and common sureties of applicants in one criminal case treating the same for all three cases which is as under:-
1. Case Crime No. 93 of 2021, under Section 8/20/25/29/60(3) N.D.P.S. Act, Police Station Jagner, District Agra
2. Case Crime No. 60 of 2022, under Section 8/20/25/29/60(3) N.D.P.S. Act, Police Station Bah, District Agra
3.Case Crime No. 383 of 2022, under Section 307 I.P.C., Police Station Sikandra, District Agra
It is further prayed that this Hon'ble Court may kindly be pleased to quash the order dated 10.04.2023 passed by Additional District & Sessions Judge, Court No.18, Agra in the interest of Justice. And / or to pass such other and further order or directing which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury."
file a personal bond and two sureties in one case which may be treated in all the said 03 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 coordinate 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(s). It is argued that as such appropriate directions to the said effect be passed.
Order Date :- 25.5.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
1 issue framed by the court
Whether an applicant in three related criminal cases can be released on a single personal bond and two sureties treated for all three cases.
1 provisions across 1 enactments
Virat and Bittu @ Bittu Singh
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
