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2025 DAILYLAW 11207 (ALL)

MANOJ GOSWAMI ALIAS BALLA GURU v. STATE OF U.P.

NA528/2663/2025 · 2025-01-26

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13477 Court No. - 83 Case :- APPLICATION U/S 528 BNSS No. - 2663 of 2025 Applicant :- Manoj Goswami Alias Balla Guru Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and to direct the learned court below to accept only two sureties for being released the applicant on bail in Case Crime No. 161 of 2024, under Section 318(4) of B.N.S., Police Station-Kamla Nagar, District-Agra, Case Crime No. 592 of 2021, under Section 8/21 N.D.P.S. Act, P.S.- Sikandra, District-Agra, Case Crime No. 586 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S.-Shahganj, District-Agra and Case Crime No. 591 of 2020 under Section 3/25 Arms Act, P.S.-Sadar Bazar, District-Agra in pursuance of bail orders granted by learned courts below as well as by this Hon'ble Court. Learned counsel for the applicant contends that applicant is unable to arrange eight sureties. Consequently, in spite of the fact that applicant has been released on bail in all four criminal cases pending against him, the applicant has yet not been released on bail as applicant has failed to furnish separate surety bonds in all the cases. In the facts and circumstances of the case, it is thus urged that applicant be directed to furnish a common personal bond and common surety bonds of like amount in all the cases. He therefore contends that appropriate direction, in the light of above, be issued in exercise of jurisdiction under Section 528 B.N.S.S. Record shows that applicant has been enlarged on bail in different case crime numbers by learned Court concerned which are as follows :- (1) In Case Crime No. 161 of 2024, under Section 318(4) of B.N.S., Police Station-Kamla Nagar, District-Agra (Bail granted vide order dated 29.11.2024). (2) In Case Crime No. 592 of 2021, under Section 8/21 N.D.P.S. Act, Police Station-Sikandra, District-Agra (Bail granted vide order dated 12.12.2024). (3) In Case Crime No. 586 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Shahganj, District-Agra (Bail granted vide order dated 19.12.2024). (4) In Case Crime No. 591 of 2020, under Section 3/25 Arms Act, Police Station-Sadar Bazar, District-Agra (Bail granted vide order dated 16.01.2025). He has then referred to Sections- 439, 440, 441, 441A, 442, 443, 444 and 445 Cr.P.C. and on basis thereof contends that under the scheme of Cr.P.C. (hereinafter referred to as "the Code") there is no mandatory requirement of furnishing separate personal bonds as well as surety bonds for seeking enlargement on bail in different case crime numbers. On the aforesaid factual and legal premise, learned counsel for applicant contends that such conditions which commensurate with the facts and circumstances of present case, are liable to be imposed, so that applicant who has been granted bail in all four cases pending against him is ultimately bailed out. Reference has also been made to the orders passed by Supreme Court dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. and dated 09.08.2021 in Ramwati Awasthi & Others Vs. State of U.P. and Others. He has also referred to orders passed by this Court dated 15.03.2019 in Criminal Misc. Bail Application No.11380 of 2019, (Rizwan alias Atta Vs. State of U.P.), reported in 2019 (107) ACC 894 and dated 21.11.2019 in Criminal Misc. Application (under Section 482 Cr.P.C.) No.40957 of 2019, (Mobin Vs. State of U.P.), wherein Court has been modified the conditions of bail by providing that the personal bond and two sureties furnished by applicant, be accepted in all the cases pending against applicant. On the aforesaid factual and legal premise, it is urged that present application be allowed and two sureties furnished by applicant in one case crime number be accepted as sureties in all the cases. Per contra, learned A.G.A. has opposed this application, but could not dispute the orders relied upon by learned counsel for applicant. In view of above, present application succeeds and is accordingly, allowed. It is accordingly, provided that application shall be allowed to execute one personal bond and two sureties to the satisfaction of court concerned which shall hold in all four cases pending against present applicant. Order Date :- 27.1.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad