Court No. - 77
Case :- APPLICATION U/S 482 No. - 26808 of 2021 Applicant :- Vijay Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Mr. Santosh Kumar Upadhyay, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with a prayer to direct the court concerned to accept one personal bond and two sureties to its satisfaction in all 18 cases.The accused has been released on bail.
Learned counsel for the applicant has argued that applicant has been falsely implicated in 18 cases, details of which has been given in paragraph No. 9 of the affidavit filed in support of the application. He is not named in any of the cases. It is further contended that the applicant belongs to a very poor family. Version of F.I.R. and allegations levelled in all the cases are similar in nature. It is further contended that applicant has been granted bail in all 18 cases by the co-ordinate Bench of this Court. Bail orders have been annexed as Annexure No. 2 to the affidavit filed in support of the application.
Learned counsel for the applicant has placed reliance upon the judgement of the Supreme Court in Special Leave to Appeal (Crl.) No. 8914-8915/2018 (Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of UP) wherein the Supreme Court disposed of the said case directing that the sureties in one of the case shall be good enough for sureties in all the said cases. Learned counsel for the applicant has further relied upon the order dated 16.3.2021 passed by the co-ordinate Bench of this Court in Application u/S 482 No. 19367 of 2020 wherein this court has also held that sureties of one case shall be permitted to act as sureties in all cases subject to furnishing of one personal bond and two sureties in one case. The personal bond submitted by the applicant in one of the case shall be accepted in all the 40 cases.
Considering the submissions made at the Bar and on perusal of the said judgements, it is directed that the sureties of one case shall be permitted to act as sureties in all cases. The personal bond submitted by the applicant in one of the case shall also be accepted in all the 18 cases.
With the aforesaid direction, the application is disposed of.
Order Date :- 20.12.2021 SY