Citation : 2021 Latest Caselaw 6489 ALL
Judgement Date : 21 June, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- U/S 482/378/407 No. - 2055 of 2021 Applicant :- Umashanker Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Nath Mishra,Shrish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the applicant, learned A.G.A. for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned Court/Magistrate, Sitapur not to insist the applicant to file separate surety bonds in each and every cases and accept only one surety in lieu of all the 13 cases.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in thirteen cases, details of which are as under:
1. F.I.R. No. 368 of 2020, under Sections 379, 411 I.P.C., P.S. Gazipur, District Lucknow
2. F.I.R. No. 377 of 2020, under Sections 379, 411 I.P.C., P.S. Gazipur, District Lucknow
3. F.I.R. No. 402 of 2020, under Sections 379, 411 I.P.C., P.S. Gazipur, District Lucknow
4. F.I.R. No. 443 of 2020, under Sections 379, 411 I.P.C., P.S. Gazipur, District Lucknow
5. F.I.R. No. 474 of 2020, under Sections 379, 411 I.P.C., P.S. Gazipur, District Lucknow
6. F.I.R. No. 510 of 2020, under Sections 411, 413, 414 I.P.C., P.S. Gazipur, District Lucknow
7. F.I.R. No. 149 of 2020, under Sections 379, 411 I.P.C., P.S. Hussainganj, District Lucknow
8. F.I.R. No. 187 of 2020, under Sections 379, 411 I.P.C., P.S. Vibhuti Khand, District Lucknow
9. F.I.R. No. 286 of 2020, under Sections 379, 411, 413, 414 I.P.C., P.S. Vibhuti Khand, District Lucknow
10. F.I.R. No. 297 of 2020, under Sections 379, 411 I.P.C., P.S. Vibhuti Khand, District Lucknow
11. F.I.R. No. 337 of 2020, under Sections 379, 411 I.P.C., P.S. Vibhuti Khand, District Lucknow
12. F.I.R. No.351 of 2020, under Sections 379, 411, 413, 414 I.P.C., P.S. Vibhuti Khand, District Lucknow
13. F.I.R. No. 355 of 2020, under Sections 379, 411 I.P.C., P.S. Vibhuti Khand, District Lucknow
It has been submitted that the applicant has been granted bail by the court below in all the cases, but furnishing of twenty six sureties in thirteen different cases is almost impracticable as the applicant is very poor person and he will not be able to arrange 26 sureties to get bail.
Learned counsel for the applicant has also relied the judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018).
Considering the aforesaid facts, this application is disposed of with the direction that the applicant shall furnish a personal bond and two sureties in one case, which shall be treated to be valid in all other cases, wherein the bail order has been passed.
With the above direction, the application is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021/VKS
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