Citation : 2022 Latest Caselaw 7963 ALL
Judgement Date : 25 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 4793 of 2022 Applicant :- Ankur Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Secrtt. U.P. Lko. Counsel for Applicant :- Vijay Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Vijay Prakash Pandey, learned counsel for the applicant and Shri Anil Kumar Akela, learned A.G.A. for the State and perused the material on record.
Present application under Section 482, Cr.P.C. has been filed for quashing the conditions of bail orders and to allow to file two sureties in all four cases.
Learned counsel for the applicant submits that the applicant is a poor person. The parents of the applicant are senior citizens and retired persons and also suffering from several disease of old age. Wife of the applicant has no other source of income except to daily work in the houses of the persons. The applicant is languishing in jail since 25.8.2020. The applicant has been granted bail in four cases and heavy conditions have been imposed by the court while granting bail to him. The applicant is unable to work in routine manner and compelled to file 08 sureties, which is highly excessive.
Learned counsel for the applicant has relied upon the judgment of Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018).
In view of the above facts and circumstances, the application is disposed of with the direction that the applicant shall file personal bond and sureties of Rs. 50,000/- in each case and two sureties of like amount to the satisfaction of the court concerned in one case, which shall be treated as good for all.
Order Date :- 25.7.2022
T. Sinha
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