High Court
Case Details
Neutral Citation No. - 2024:AHC:170020 Court No. - 78 Case :- APPLICATION U/S 482 No. - 31217 of 2024 Applicant :- Aftab Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused material on record. 2. By means of the present application, the applicant has sought for a suitable direction to the learned trial court to consider sureties and personal bond of one case for all the the cases, in which the applicant has been granted bail.
Legal Reasoning
3. Learned counsel for the applicant submits that the applicant has been enlarged on bail by the trial court as High Court in nineteen cases; (i) vide order dated 21.10.2022 in Case Crime No. 322 of 2022, under Sections 380, 411 IPC, P.S. Madhuban Bapudham, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (ii) vide order dated 22.11.2022 in Case Crime No. 354 of 2022, under Sections 380, 411 IPC, P.S. Madhuban Bapudham, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (iii) vide order dated 21.10.2022 in Case Crime No.407 of 2022, under Sections 380, 411 IPC, P.S. Madhuban Bapudham, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (iv) vide order dated 02.11.2022 in Case Crime No.594 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (v) vide order dated 02.11.2022 in Case Crime No.595 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (vi) vide order dated 16.12.2022 in Case Crime No.596 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (vii) vide order dated 21.10.2022 in Case Crime No.603 of 2022, under Sections 380, 511 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (viii) vide order dated 16.12.2022 in Case Crime No. 609 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (ix) vide order dated 02.11.2022 in Case Crime No.677 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (x) vide order dated 02.11.2022 in Case Crime No.678 of 2022, under Sections 457, 380, 411 IPC, P.S. Masoori, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (xi) vide order dated 13.02.2023 in Case Crime No.771 of 2022, under Sections 457, 380 IPC, P.S. Loni, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (xii) vide order dated 21.10.2022 in Case Crime No.1075 of 2022, under Sections 454, 380,411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (xiii) vide order dated 06.01.2023 in Case Crime No.1187 of 2022, under Sections 457, 380, 411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (xiv) vide order dated 17.1.2023 in Case Crime No.1215 of 2022, under Sections 380, 411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, (xv) vide order dated 21.10.2022 in Case Crime No.1275 of 2022, under Sections 380, 411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (xvi) vide order dated 21.10.2022 in Case Crime No.1276 of 2022, under Sections 457, 380, 411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (xvii) vide order dated 21.10.2022 in Case Crime No.1280 of 2022, under Sections 380, 411 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.75,000/- with two sureties each in the like amount to the satisfaction of the court, (xviii) vide order dated 23.1.2023 in Case Crime No.1282 of 2022, under Sections 414, 411, 34 IPC, P.S. Kavinagar, District Ghaziabad on furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court, whereas in one case i.e. Case Crime No.1560 of 2022, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kavinagar, District Ghaziabad, the applicant has been granted bail by co-ordinate Bench of this Court vide order dated 18.6.2024. 4. This Court cannot interfere with the order dated 18.6.2024, passed by the co-ordinate Bench of this Court enlarging the applicant on bail, therefore, in this regard, the applicant would be at liberty to take appropriate remedy before the competent Court. 5. So far as the bail orders passed by the learned trial court are concerned, learned counsel for the applicant submits that the trial court has directed the applicant to file separate personal bonds and two sureties for each case, however, the applicant has not been set at liberty as he is unable to arrange the sureties in aforesaid cases due to financial crisis and lack of human resources. The applicant has been languishing in jail since 14.9.2022. 6. The prayer made by learned counsel for the applicant is that the applicant may be permitted to produce a single surety for the aforesaid cases, in which the applicant has been enlarged on bail by the learned trial court, so that he could be set at liberty in pursuance of the bail orders. 7. Per-contra, learned A.G.A. contends that sureties serve an important role in securing presence of accused before the court, but fairly admits that sureties should be just and reasonable. 8. Considering the submissions of learned counsel for the applicant and the law in this regard, this Court finds that the requirement of multiple sureties is unreasonable in the facts-circumstances of the instant case. 9. The right of fundamental liberties of the applicant is being curtailed on account of his poverty and inability to arrange multiple sureties for cases instituted against him. 10. The trial court is directed to release the applicant by treating the sureties for Case Crime No. 322 of 2022, under Sections 380, 411 IPC, P.S. Madhuban Bapudham, District Ghaziabad, as sureties for all the aforesaid cases, the court may press for personal bond of applicant in all the cases, separately.
Decision
11. With the aforesaid observations the application is disposed of. Order Date :- 22.10.2024 A. Tripathi Justice Vinod Diwakar