Moh. Boora and 2 Others v. State of U.P. Though It Principal Secretary

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41235 of 2023 Applicant :- Moh. Boora And 2 Others Opposite Party :- State Of U.P. Though It Principal Secretary Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

1.Heard learned counsel for the applicants, learned AGA for the State and perused the material available on record.

2.This application under Section 482 Cr.P.C. has been filed with the prayer to direct the court below to accept the two surety in all 5 cases being Case Crime No. 245 of 2023 under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar, Case Crime No. 246 of 2023 under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar, Case Crime No. 247 of 2023 under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar, Case Crime No. 248 of 2023, under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar and Case Crime No. 249 of 2023 under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar.

3.Facts, as are not in dispute, are that the applicants were initially implicated in a case being Case Crime No. 245 of 2023 under Sections 379, 411, 414 IPC, P.S. Civil Line, District-Muzaffar Nagar, and thereafter, four more criminal cases have been registered against them and after their arrest in the above cases, they have applied for bail, which has been granted by the court below in all five cases.

4.It is alleged that subsequent thereto, the applicants have been implicated in 5 other cases of similar nature in the same district, details whereof are given in prayer clause of the instant application. Although bail orders are stated to have been passed in all cases but since the applicants have not been able to furnish 10 sureties, they have yet not been released from jail and incarcerated in jail since 19.7.2023.

5.Learned counsel for the applicants has submitted that all the three accused are nominated as an accused in common cases.

6.Learned counsel for the applicants states that the applicants have been enlarged on bail in all the 5 cases, but the routine direction is to furnish two sureties each in all 5 matters. It is submitted that the applicants are poor persons and have no means to arrange for 10 sureties and that is why they have continued to remain incarcerated in jail notwithstanding grant of bail by the competent court in all matters. Reliance is placed upon an order passed by the Hon'ble Apex Court in Petition(s) for Special Leave to Appeal (Crl.) No(s). 8914-8915/2018 (Hani Nishad @ Mohammad Imran @ Vickki Vs. State of U.P.), which reads as under:- "Heard learned counsel for the parties. The petitioner is said to have been involved in 31 criminal cases for various offences. The Trial Court granted bail in all the 31 cases by different orders inter alia on condition of arranging two sureties each in all the cases. The petitioner moved the High Court under Section 482 of the Criminal Procedure Code, contending that it was impossible for the petitioner to arrange 62 sureties. It is the case of the petitioner that the High Court had in similar circumstances granted bail to the petitioner with two sureties of Rs. 1,00,000/- (Rupees One lakh only) in the case under Gangster Act and the same sureties were to be the sureties in all other cases as well, by an order dated 21.9.2017. The petitioner was directed to execute personal bond of Rs. 30,000/- in each case. However, by the impugned order, the High Court has modified the conditions of bail imposed by the Trial Court in the instant cases by directing the Trial Court to accept one common surety for all the cases and one surety each for the 31 cases. 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. 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. With these observations, the Special Leave Petitions are disposed of. Pending applications, if any, shall stand disposed of."

7.Be that as it may, it is not in dispute that the applicants are implicated in 5 different cases instituted against them in the same police station of District-Muzaffar Nagar. This Court finds substance in the applicants' counsel contention that arranging for separate sureties in respect of 5 cases would be difficult particularly as the offences though distinct but are similar in nature.

8.In the facts of the case, this application therefore stands disposed off with the direction that the applicants shall be released on bail in all 5 cases instituted under the offences, upon the applicants furnishing personal bond of Rs.50,000/- and two sureties of the same amount (one surety should be of family member of the applicants) and the same bond shall hold good for all 5 cases.

9.There shall be two sureties who shall execute the bond of the aforesaid amount and the same shall hold good for all 5 cases.

10.With the aforesaid directions, the present application under Section 482 Cr.P.C. stands disposed of. Order Date :- 8.11.2023 KU High Court of Judicature at Allahabad