Allahabad High Court
Ram Gopal Gupta vs State Of U.P. Thru. Prin. Secy. ... on 3 August, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 5124 of 2022
Applicant :- Ram Gopal Gupta
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Mukul Kumar Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed by learned counsel for the applicant today, which is taken on record.
Heard Sri Mukul Kumar Sharma, learned counsel for the applicant and Sri Akhilesh Kumar Vyas, learned A.G.A., for the State and perused the material on record.
The instant application under Section 482 Cr.P.C. has been filed to direct the concerned court District Faizabad to release the applicant from jail subject to execution of personal bond and two sureties bond in one case, and the same sureties may also be treated in other 7 criminal cases.
Learned counsel for the applicant submits that applicant is languishing in jail since 20.09.2020 and he is retired Public Servant and aged about 66 years. He further submitted that applicant has not committed any offence, he is not a office bearer of the company, he has been implicated in 8 cases because he is the brother of the main accused. He next submitted that all the offences which have been registered against the applicant are similar in nature and lodged by the investors. He further submits that the applicant has been granted bail in 22 cases including the aforesaid cases. The wife of the applicant is suffering from Cancer disease and the applicant is also suffering from serious and chronic patient of Grade-2 prostates enlargement, due to this reason he is unable to manage other persons for the surety bonds. It is further submitted that the applicant granted bail in 8 cases registered at District Faizabad, details of which are as follows:
(i) Case Crime No. 404 of 2020 under Sections 419, 420, 467, 468, 471, 506 and 34 of I.P.C.
(ii) Case Crime No. 537 of 2020 under Sections 419, 420, 406, 467, 468, 471,120-B of I.P.C.
(iii) Case Crime No. 496 of 2020 under Sections 419, 420, 467, 468 of I.P.C.
(iv) Case Crime No. 450 of 2020 under Sections 406, 419, 420, 467, 468, 506 of I.P.C.
(v) Case Crime No. 563 of 2020 under Sections 419, 420, 406, 467, 468, 471, 506, 120-B of I.P.C.
(vi) Case Crime No. 487 of 2020 under Sections 419, 420, 467, 468, 471, 406, 506, 120-B of I.P.C.
(vii) Case Crime No. 523 of 2020 under Sections 419, 420, 467, 468, 471, 506 of I.P.C.
(viii) Case Crime No. 860 of 2020 under Sections 419, 420, 467, 468, 471, and 406 of I.P.C.
Learned counsel for the applicant has relied upon the judgment of the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Special Leave to Appeal (Criminal) No. 8914-8915 of 2018.
Learned A.G.A. submits that he does not want to file any counter affidavit.
In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. stands disposed of finally in the light law laid down by the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky (Supra) and directed the court below to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.
Order Date :- 3.8.2022
Ishan
