Pankaj Gupta vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5199 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 3736 of 2022
 

 
Applicant :- Pankaj Gupta
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko
 
Counsel for Applicant :- Avinash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

2. The instant petition under Section 482 Cr.P.C. has been filed to issue a direction to release the applicant on personal bond of lesser amount with two sureties each in the like amount to hold good for all the 07 cases mentioned in the petition.

3. In brief, facts of the case are that accused-applicant is languishing in jail since 23.03.2022 in several different F.I.R. on the basis of one recovery memo. Learned counsel for the applicant submits that learned Sessions Judge concerned has granted bail in all the 07 cases vide orders dated 06.05.2022, 25.05.2022, 30.05.2022, 31.05.2022, 31.05.2022, 04.06.2022 and 07.06.2022. It is further submitted that accused-applicant is unable to manage separate surety bonds, therefore, he could not be released on bail in pursuance of the bail orders passed by learned lower Court.

4. In para 07 of the affidavit filed in support of the instant application, learned counsel for the applicant has given the description of 07 cases in which applicant has been enlarged on bail. Learned counsel for the applicant next argued that applicant is innocent and has been falsely implicated in the aforesaid cases by police personnel of P.S.- Krishna Nagar and P.S.- Sarojani Nagar. Learned counsel for the applicant has also annexed the bail orders granted by the learned trial court as Annexure No.8 to Annexure No.14, respectively, to the affidavit filed in support of the instant application.

5. The instant petition is supported with the affidavit and Annexures. Learned counsel for the applicant has placed reliance of the judgment rendered by Hon'ble the Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, dated 29.10.2018 wherein the Hon'ble Supreme Court in similar situation passed the order and opined that petitioner shall execute a personal bond and two surety bonds for Rs.30,000/- which shall hold good for all 31 cases.

6. The above cited judgment applies in the instant matter, therefore, it is ordered that accused-applicant shall execute only one personal bond and two sureties of Rs.50,000/- which shall hold good for all 07 cases.

7. The order passed by learned lower Court is modified to the above extent.

8. With the aforesaid observations, the instant applicant stands disposed of.

Order Date :- 15.6.2022

Sachin