Raj Kumar Sharma vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 314 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1459 of 2022
 

 
Applicant :- Raj Kumar Sharma
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.
 
Counsel for Applicant :- Mayank Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the applicant, 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-4 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 five cases by the court below, details of which are as under:-

"(i) Case Crime No.416/2021, under Sections 419, 420, 467, 468, 471, 120B, 34 I.P.C. read with 2/3 Damages of Public Property Act, Police Station- Ashiyana, District- Lucknow.

(ii) Case Crime No.149/2017, under Sections 147, 149, 504, 506, 186, 353, 354, 228, 341 I.P.C. read with 7 CLA Act, Police Station- Wazirganj, District- Lucknow.

(iii) Case Crime No.418/2021, under Sections 147, 148, 427, 504, 506 I.P.C., Police Station- Ashiyana, District- Lucknow.

(iv) Case Crime No.368/2021, under Sections 147, 148, 149, 323, 341, 352, 355, 419, 504, 506 IPC, Police Station- Wazirganj, District- Lucknow.

(v) Case Crime No.542/2021, under Sections 147, 148, 149, 186, 353, 504 IPC, Police Station- Krishna Nagar, 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 ten 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.

Order Date :- 1.4.2022

Shravan