Rajesh @ Rajesh Kumar vs State Of U.P. Thru. Secy. Home ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 3111 of 2023
 

 
Applicant :- Rajesh @ Rajesh Kumar
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt., Lko.
 
Counsel for Applicant :- Gyan Prakash,Dinesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Dinesh Kumar, the learned counsel for the applicant, Shri Diwakar Singh, the learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned court below not to insist the applicant to file separate surety bonds in each and every six cases and accept only two sureties.

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in six criminal cases and has been granted bail by the learned courts below, the details of cases are as under:-

1. Case Crime No. 157/2022, under Section 2/3 of U.P. Gangster Act, Police Station Mahmudabad, District Sitapur.

2. Crime Crime No. 266/2022, under Sections 457, 380 I.P.C., Police Station Sidhauli, District Sitapur.

3. Case Crime No. 389/2022, under Section 380 I.P.C., Police Station Sidhauli, District Sitapur.

4. Case Crime No. 413/2022, under Section 380 I.P.C., Police Station Kamlapur, District Sitapur.

5. Case Crime No. 526/2022, under Section 413 I.P.C., Police Station Mahmudabad, District Sitapur.

6. Case Crime No. 559/2022, under Section 25(1)B of Arms Act, Police Station Sidhauli, District Sitapur.

It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 12 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 :- 5.4.2023

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