Allahabad High Court
Dhyanpal @ Dhyani @ Dhinna vs State Of U.P. Thru. Secy. Home Lko. on 23 December, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- APPLICATION U/S 482 No. - 9937 of 2022
Applicant :- Dhyanpal @ Dhyani @ Dhinna
Opposite Party :- State Of U.P. Thru. Secy. Home Lko.
Counsel for Applicant :- Narendra Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P.
This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to pass direction to the court(s) below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the eight cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in eight cases and in all the cases he has been granted bail by the Court with certain conditions, the details of cases and bail orders is given hereinbelow :
(i) Case Crime No. 363 of 2014, under Sections 379, 411 I.P.C., Police Station - Ramkot, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 05.11.2022.
(ii) Case Crime No. 236 of 2017, under Sections 457, 380, 411 I.P.C., Police Station - Pisawan, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 12.10.2021.
(iii) Case Crime No. 244 of 2017, under Sections 392, 411 I.P.C., Police Station - Pisawan, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 12.10.2021.
(iv) Case Crime No. 10 of 2018, under Sections 392, 411 I.P.C., Police Station - Mishrikh, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 12.10.2021.
(v) Case Crime No. 294 of 2017, under Sections 394, 411 I.P.C., Police Station - Pisawan, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 12.10.2021.
(vi) Case Crime No. 181 of 2013, under Sections 395, 412 I.P.C., Police Station - Imaliya Sultanpur, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 09.11.2022.
(vii) Case Crime No. 226 of 2013, under Sections 149, 323, 396, 412 I.P.C., Police Station - Mishrikh, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 04.11.2022.
(viii) Case Crime No. 206 of 2000, under Sections 457, 380, 411 I.P.C., Police Station - Mishrikh, District - Sitapur, in which the applicant has been granted bail by the Court below by means of order dated 07.11.2022.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal bond and 02 sureties each for the aforementioned cases. He prays that the court(s) below may be directed to accept a personal bond of suitable amount and two sureties for all the eight cases in which applicant has been granted bail but cannot be enlarged from jail due to his inability to arrange the personal bonds and sureties.
In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh - Special Leave to Appeal (Criminal) Nos. 8914-8915/2018 (decided on 29.10.2018), wherein the Court in similar circumstances has directed that the petitioner therein shall execute a personal bond for Rs.30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein.
Learned A.G.A. on the other hand submits that looking into the serious nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant.
In the light of above, it is provided that the bail orders granting bail to the applicant in the aforesaid six cases, stand modified to the extent that the applicant shall furnish and execute personal bond of Rs.50,000/- and two sureties of like amount to the satisfaction of the court(s) concerned, and the same shall hold good for all the eight cases mentioned herein above.
Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective bail orders in the aforesaid eight cases shall remain intact.
With the aforesaid directions the application stands disposed of.
Order Date :- 23.12.2022
Shubham
