Rohit Pasi And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1735 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 2159 of 2022
 

 
Applicant :- Rohit Pasi And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home
 
Counsel for Applicant :- Shrawan Kumar,Subodh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

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

This petition has been filed by the petitioners with a prayer to allow the petitioners 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-7 of the affidavit filed in support of the petition).

It has been submitted by the learned counsel for the applicants that the applicants have been falsely implicated in all four cases only to show good work and conduct of police authority itself. The applicant no.1/ Rohit Pasi has already been granted bail in all four cases by the court below, details of which are as under:-

"(i) Case Crime No.322 of 2021, under Sections 379/411 I.P.C., Police Station- G.R.P. Charbagh District- Lucknow.

(ii) Case Crime No.29/2022, under Sections 379/411 I.P.C., Police Station- G.R.P. Charbagh, District- Lucknow.

(iii) Case Crime No.63/2022, under Section 380/411IPC, Police Station- G.R.P. Charbagh, District- Lucknow.

(iv) Case Crime No.65/2022, under Sections 8/21 NDPS Act, Police Station- G.R.P. Charbagh, District- Lucknow."

The applicant no.2/ Rahul Pasi has already been granted bail in all four cases by the court below, details of which are as under:-

"(i) Case Crime No.322 of 2021, under Sections 379/411 I.P.C., Police Station- G.R.P. Charbagh District- Lucknow.

(ii) Case Crime No.29/2022, under Sections 379/411 I.P.C., Police Station- G.R.P. Charbagh, District- Lucknow.

(iii) Case Crime No.63/2022, under Section 380/411IPC, Police Station- G.R.P. Charbagh, District- Lucknow.

(iv)Case Crime No.66/2022, under Sections 8/21 NDPS Act, Police Station- G.R.P. Charbagh, District- Lucknow."

It has been submitted by the learned counsel for the applicants that the applicants have been bailed out in all such cases. Since, they belong to a very poor family, they are 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 applicants that the petitioners 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 each applicant (Applicant no.1/Rohit Pasi and Applicant no.2/Rahul Pasi) and such personal bond and sureties shall hold good in all the other four cases in which the applicants have 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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