Amrit Lal @ Tirra vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5418 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 3887 of 2022
 
Applicant :- Amrit Lal @ Tirra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Sectt. Lko.
 
Counsel for Applicant :- Upendra Kumar Verma,Ashish Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in five criminal cases detail of which has been given in para 4, 5 6 and 7 of the petition. He further submits that the accused/applicant has been granted bail by the learned courts below, the details of cases are as under ;-

1. Case No.284 of 2016 under Sections 457/380/411 I.P.C., Police Station Khairighat, Bahraich.

2. Crime No. 343 of 2019 under Section 401 I.P.C. Police Station Kotwali Dehat, District Bahraich.

3. Case Crime No. 332 of 2019, under Sections 457/380/411 I.P.C., Police Station Kotwali Dehat, Bahraich.

4. Case Crime No. 523 of 2019, under Sections 457/380/411 I.P.C., Police Station Kotwali Nanpara, Bahraich.

5. Case Crime No. 328 of 2020, under Sections 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention)Act, Police Station Khairighat, District Bahraich.

It has been submitted by the learned counsel for the applicant that the applicant has been bailed out in all such cases but he belongs to a very poor family so he is unable to manage 10 persons for surety before the learned trial court.

The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

A prayer has been made by the learned counsel for the petitioner that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This petition is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in all the other five cases in which the applicant has been granted bail.

The petition/application is, accordingly, disposed of.

Order Date :- 27.6.2022

Arvind