Avinash Tiwari vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1734 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 2165 of 2022
 

 
Applicant :- Avinash Tiwari
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Applicant :- Manjusha Kapil,Kamlesh Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the petitioner, learned A.G.A. for the state and perused the record.

This petition has been filed by the petitioner with a prayer to allow the petitioner submitting a personal bond and two sureties in lieu of all cases and direct the court below not to insist the petitioner to file separate surety bonds in each and every case (mentioned in para-2 of the memo of petition).

It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in all cases only to show good work and conduct of police authority itself. The applicant has already been granted bail in all four cases by the court below, details of which are as under:-

"(i) Case Crime No.788/2017, under Sections 406, 420, 467, 468, 471, 120B I.P.C., Police Station- Hazratganj, District- Lucknow.

(ii) Case Crime No.29/2018, under Sections 406, 419, 420, 467, 468, 471 I.P.C., Police Station- Aliganj, District- Lucknow.

(iii) Case Crime No.256 of 2016, under Sections 406, 419, 420, 467, 468, 471, 120B I.P.C., Police Station- Vikas Nagar, District- Lucknow.

(IV) Case Crime No.500/2019 under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Hasanganj, District Lucknow"

It has been submitted by the learned counsel for the petitioner that the petitioner has been bailed out in all such cases. Since, he belongs to a very poor family, he is unable to manage eight persons for surety before the learned trial court.

The Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No.8914- 8915 of 2018 Hani Nishad @ Mohammad Imran alias Vikky vs. State of U.P. and Others has directed that the petitioner who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

A prayer has been made by the learned counsel for the petitioner that the petitioner also be given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This petition is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the petitioner and such personal bond and sureties shall hold good in all the other four cases in which the petitioner has been granted bail. A certified copy of bail bond and the status of surety be placed in all the other cases.

Order Date :- 28.4.2022

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