Allowed

Manoj Kumar Verma v. State of U.P.

Allahabad HC13 Aug 2024A482/20635/2024

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. by an applicant involved in 17 criminal cases of the same nature. The court directed the court below to accept a single personal bond of Rs. 1 lakh and two sureties for release in all 17 cases, provided the applicant undertakes to appear independently in each case.

What did the court decide?

Directed to accept one personal bond of Rs. 1 lakh and two sureties for release in all 17 cases, subject to undertaking to appear independently in each case.

Manoj Kumar Verma vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131527

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 20635 of 2024

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Applicant :- Manoj Kumar Verma Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Abhishek Singh, learned counsel for the applicant and Sri Triveni Saran Rai, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicant Manoj Kumar Verma with the following prayers:

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"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to direct the learned Court below to accept a personal bond and two sureties in one case being Case Crime No. 148 of 2023. Under Sections 379, 411 LP.C., Police Station-Bhadohi, District-Bhadohi and further direct the learned Court below to consider the same personal bond and same sureties in rest cases against the applicant, being Case crime No. 88 of 2023, Case crime No. 234 of 2023, Case crime No/59 of 2023, Case crime No. 240 of 2023, Case crime No. 241 of 2023, Case crime No. 195 of 2023, registered in Police Station Bhadohi, District-Bhadohi and Case crime No. 362 of 2022, Case crime No. 120 of 2023, Case crime No. 250 of 2023, Case crime No. 210 of 2023, registered in Police Station Gopiganj, District- Bhadohi and Case crime No. 40 of 2023, registered in Police Station Durgaganj, District-Bhadohi and Case crime No. 58 of 2023, registered in Police Station Unj, District-Bhadohi and Case crime No. 161 of 2023, registered in Police Station Suriyawan, DistrictBhadohi and Case crime No. 48 of 2023, Case crime No. 126 of 2023, Case crime No. 119 of 2023, registered in Police Station Koirauna, District-Bhadohi, all 17 cases registered in District Bhadohi.

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And/or pass such other and further order which this Hon'ble court may deem fit and proper under the present facts and circumstances of the case, otherwise the applicant shall suffer an irreparable loss and injury."

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Learned counsel for the applicant submitted that the applicant is involved in 17 criminal cases of the same nature. Bail has been granted to him in all the cases by the concerned court. It is argued that as bail has been granted in all the cases against the applicant, he is unable to file separate bail bonds and surety bonds, hence he may be permitted to file a personal bond and two sureties in one case which may be treated in all the said 17 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 co-ordinate 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 Crl. Misc. Application 482 No. 364 of 2023 (Pushpendra Chaudhary @ Kalu Vs. State of U.P. and another) passed by this Court vide order dated 09.01.2023 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. It is argued that as such appropriate directions to the said effect be passed.

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Learned counsel for the State has been heard who could not dispute the said proposition and also orders as relied upon by learned counsel for the applicant.

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After having heard the learned counsel for the parties and perusing the records and the facts of the case and orders relied by learned counsel for the applicant, it is provided that the applicant shall be released in all the 17 cases which have been mentioned in paragraph 6 of the affidavit in support of application U/S 482 Cr.P.C. on his furnishing a personal bond of Rs. 1 lakh and two sureties to the like amount (one of the sureties will be of family member of the applicant and the other to be a local person) which shall hold good for all the 17 cases.

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The prayer of the applicant is allowed subject to the condition that he shall give undertaking independently in all the cases that he shall be appearing on each & every date in the same without any default and if the court concerned in the said respective cases finds

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that there has been default on the part of the applicant in appearing before it, it shall cancel the bail and even the Investigating Agency shall be at liberty to file an appropriate application for cancellation of bail in the other cases also.

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Order Date :- 13.8.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Manoj Kumar Verma v. State of U.P.

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Manoj Kumar Verma v. State of U.P.

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