Allahabad High Court
Ramgopal vs State Of U.P. on 15 December, 2022
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 86
Case :- APPLICATION U/S 482 No. - 36332 of 2022
Applicant :- Ramgopal
Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Pandey,Krishna Kant Dubey,Santosh Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State and also perused the record.
Learned counsel for the petitioner submits that the petitioner has been released on bail in following cases:-
"1. In case crime no. 393 of 2021 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
2. In case crime no.280 of 2021 under section 136, 137 Electricity Act, Police Thana Bhawan, District Shamli.
3. In case crime no.152 of 2021 under section 136, 137 Electricity Act, Police Station Babri, District Shamli.
4. In case crime no.02 of 2021 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
5. In case crime no.401 of 2021 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
6. In case crime no.15 of 2022 under section 136, 137 Electricity Act, Police Station Babri, District Shamli.
7. In case crime no.159 of 2021 under section 136, 137 Electricity Act, Police Station Babri, District Shamli.
8. In case crime no.07 of 2022 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
9. In case crime no.09 of 2022 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
10. In case crime no.17 of 2022 under section 136, 137 Electricity Act, Police Station Thana Bhawan, District Shamli.
11. In case crime no.20 of 2022 under section 411, 414 I.P.C., Police Station Thana Bhawan, District Shamli.
12.In case crime no.19 of 2022 under section 307, 147, 148, 149 I.P.C., Police Station Thana Bhawan, District Shamli.
13. In case crime no. 10 of 2022 under section 136, 137 Electricity Act, Police Station Rampur Maniharan, District Saharanpur.
14. In case crime no. 03 of 2022 under section 136 Electricity Act, Police Station Nanauta, District Saharanpur."
Learned counsel for the petitioner submits that due to poor financial condition, the petitioner is not in a position to manage fourteen (14) sureties of Rs.50,000/- in all fourteen cases.
As such, he seeks the benefit of judgment passed by Hon'be Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P." passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018.
Learned A.G.A. has raised an objection that out of fourteen cases two cases mentioned at serial No. 13 and 14 are of District Saharanpur. He further submits that he has no objection for granting him benefit in terms of the judgment passed by Hon'be Supreme Court of India in "Hani Nishad (supra)" in the 12 cases which belong to District Shamli. However, so far as the cases pending in District Saharanpur, he submits that benefit of judgment of Honey Nishad (supra) cannot be given as they belong to another District.
In view of the above, so far as the twelve cases of District Shamli in which the petitioner has been released on bail, it is provided that the petitioner may furnish a personal bond of Rs. 1,50,000/- and two sureties of the like amount which shall be treated to be valid in all twelve cases belonging to District Shamli.
So far as the cases belong to District Saharanpur is concerned, the petitioner shall be released on bail after furnishing one personal bond of Rs. 1,00,000/- and two sureties to the like amount before the magistrate concerned.
The other conditions in the bail orders shall remain the same.
With these observations this petition under Section 482 Cr.P.C. is disposed of.
Order Date :- 15.12.2022
RC
