Golu @ Himanshu Gupta vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5649 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 3853 of 2022
 

 
Applicant :- Golu @ Himanshu Gupta
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.
 
Counsel for Applicant :- Sumesh Srivastava,Manoj Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

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

This petition has been filed with the following prayer :-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to permit the applicant to submit two sureties and personal bond in three cases in which he was roped only one arrest and applicant has been granted bail in all the cases, which are quoted below :

(i)F.I.R./Case Crime No. 100 of 2022, under Sections 379, 411, 420, 468 and 471 I.P.C, Police Station- Para, District- Lucknow, (ii) F.I.R./Case Crime No. 109 of 2022, under Sections 392, 413 and 414 IPC, Police Station- Para, District- Lucknow, (iii) F.I.R./Case Crime No. 86 of 2022, under Section 392 I.P.C, Police Station- Para, District- Lucknow.

It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in four criminal cases detail of which has been given in paragraph no. 5 of the petition.

Paragraph no. 5 of the petition is being quoted hereinbelow :-

" That the accused/ petitioner has been granted bail by the learned courts below in all the three cases, the details of cases are as under ;-

(i) F.I.R./Case Crime No. 100 of 2022, under Sections 379, 411, 420, 468 and 471 I.P.C, Police Station- Para, District- Lucknow, (ii) F.I.R./Case Crime No. 109 of 2022, under Sections 392, 413 and 414 IPC, Police Station- Para, District- Lucknow, (iii) F.I.R./Case Crime No. 86 of 2022, under Section 392 I.P.C, Police Station- Para, District- Lucknow.

It has been submitted by the learned counsel for the petitioner that the petitioner has been bailed out in all such cases but he belongs to a very poor family so he is unable to manage six 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 petitioner 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 petitioner 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 petitioner and such personal bond and sureties shall hold good in all the other three cases in which the petitioner has been granted bail.

Order Date :- 30.6.2022

Virendra