The Allahabad High Court has allowed the application seeking that on the basis of bail bond and sureties of one case crime number the applicant be released on bail in other five cases treating the bail bond and sureties furnished in one case crime numbers as sufficient compliance for bail in remaining five cases.
A Single Bench of Justice Chandra Kumar Rai passed this order while hearing an application under section 482 filed by Barkat.
The facts of the case are that a first information report has been lodged against the unknown under Section 406 IPC in case Police Station Tajganj, District Agra.
During investigation of the case, the applicant was implicated in the case and a charge sheet was also submitted in the aforementioned case.
Applicant applied for bail in the aforementioned case accordingly court concern granted bail to the applicant vide order dated 12.04.2022.
Apart from the aforementioned case five more cases were lodged against the applicant in which the applicant was granted bail.
The Applicant filed an application that on the basis of bail bond and sureties of one case crime number the applicant be released on bail in other 5 cases treating the bail bond and sureties furnished in one case crime numbers as sufficient compliance for bail in remaining 5 cases.
The chief Judicial Magistrate rejected the application filed by applicant vide order dated 29.03.2023 hence the instant Application U/S 482 Cr.P.C has been filed for quashing the order dated 29.03.2023 passed by Chief Judicial Magistrate, Agra in Case under Section 406 IPC, Police Station-Tajganj, District-Agra as well as for directing the concern court to consider the sureties and personal bond in one case treating the same for all the 6 criminal cases of the applicant.
Counsel for the applicant submitted that 6 criminal cases were lodged against the applicant in which the applicant was granted bail.
He further submitted that in view of the facts and circumstances of the case, the sureties and bond furnished in one case be treated hold good for remaining cases.
He further submitted that impugned order has been passed in arbitrary manner without considering the ratio of the law laid down by the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky (Supra).
On the other hand, the Government Advocate for the State submitted that the impugned order has been passed in accordance with law.
The Court said that there is no dispute about the fact that the applicant has been granted bail in all the 8 cases lodged against him. There is also no dispute about the fact that application has been filed by the applicant in Case under Section 406 IPC Police Station-Tajganj, DistrictAgra with the prayer that sureties and bond of one case be hold good for remaining cases also, but the Chief Judicial Magistrate, Agra has rejected the application filed by applicant vide order dated 29.03.2023.
“Considering the facts and circumstances of the case as well as ratio of law laid down by the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky (Supra) the application under Section 482 Cr.P.C filed by the applicant is allowed and the order dated 29.03.2023 passed by Chief Judicial Magistrate in case (State Vs Imran and others) is set aside.
It is further directed that applicant shall furnish personal bond and sureties in one case which shall hold good for remaining seven cases also and the same shall be deemed to be adequate compliance of all the bail orders”, the order read.