Nagendra Alias Rajendra vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Nagendra Alias Rajendra vs State Of U.P. Thru. Prin. Secy. Home ... on 15 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:82646
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12225 of 2023
 

 
Applicant :- Nagendra Alias Rajendra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.
 
Counsel for Applicant :- Vinod Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard Sri Vinod Kumar Pandey, learned counsel for the applicant and 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 five 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 Five criminal cases and he has been granted bail by the learned courts below, the details of cases are as under ;-

1. Case Crime No. 259/23, Under Sections 380,411,413, I.P.C., Police Station Motigarpur, District Sultanpur;

2. Case Crime No. 267/23, Under Sections 380,411, I.P.C., Police Station Jaisinghpur, District Sultanpur;

3. Case Crime No. 285/23, Under Sections 379,411,413, I.P.C., Police Station Jagdishpur, District Amethi;

4. Case Crime No. 297/23, Under Sections 41,411,413, I.P.C., Police Station Jagdishpur, District Amethi.

5. Case Crime No. 254/23, Under Sections 379, 411, I.P.C., Police Station Lambhua, District Sultanpur.

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 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 applicant 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 application 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 four cases, in which the applicant has been granted bail.

(Shamim Ahmed, J.)

Order Date :- 15.12.2023

A.Nigam