Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed in Case Crime No. 941 of 2017, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Chakeri, District Kanpur Nagar with a prayer to direct the court below that the applicant may be allowed to execute one personal bond and two sureties to the satisfaction of the court concerned, which may hold good for all 18 cases concerned against the applicant.
It has been argued by learned counsel for the applicant that applicant belongs to a very poor family and he is running a small shop of goldsmith, but suddenly on 17.06.2017, he was implicated in as many as 18 cases including the present case by the police of same police station. It was submitted that applicant has been granted bail in all those cases, but he is not in a position to submit separate bail bonds in all the 18 cases. It was further submitted that applicant has no previous criminal history before 17.06.2017 and that applicant, who is aged about 60 years, is now languishing in jail since last three years as he is unable to submit sureties in all the 18 cases. It has further been submitted that except the present case, other 17 cases are triable by the court of Magistrate. It was submitted that in view of these facts and circumstances, the applicant may be permitted to furnish one personal bond and two sureties in the instant case i.e. case crime no. 941 of 2017, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Chakeri, District Kanpur Nagar, which may hold good in all the 17 cases against the applicant, which are mentioned in the application. In this regard, learned counsel has placed reliance upon the judgement of Hon'ble Apex Court in Special Leave to Appeal (Criminal) Nos. 8914-8915 of 2015 (Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh) and also the order passed by this Court in Criminal Misc. Bail Application No.11380 of 2019 (Rizwan Alias Atta vs. State of U.P.) dated 15.03.2019 and order passed by this Court in 482 Cr.P.C. application no. 16173 of 2020 (Rajeev Nishad vs. State of U.P.) dated 16.12.2020.
Having considered the facts and circumstances of the case as well as on perusal of the case laws relied upon by the learned counsel for the applicant, it is directed that applicant be allowed to execute personal bond and two sureties to the satisfaction of the Court concerned in the present case i.e. case crime no. 941 of 2017, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Chakeri, District Kanpur Nagar, if he has already been granted bail and he would submit personal bonds in all the other 17 cases, but the sureties submitted in the present case, would hold good in all the other 17 cases against the present applicant, if he has already been granted on bail in those cases. After submission of bail bonds in above-stated case crime no. 941 of 2017, the applicant/accused would not be required to submit separate sureties bonds in other 17 cases mentioned in the instant application.
With the above direction, the instant application is disposed of.
Order Date :- 17.2.2021 Anand