Rakesh Singh @ Rakesh Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Rakesh Singh @ Rakesh Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 16 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:83227
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12286 of 2023
 

 
Applicant :- Rakesh Singh @ Rakesh Kumar Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Dharmendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

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

This instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every five cases and as mentioned in the application.

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

1. Case Crime No-229 of 2020 under section 406,419,420,467,468,471,504,506,120-B IPC relating to Police Station- Chinhat District- Lucknow.

2. Case Crime No-284 of 2017 under section 420,406 IPC Relating to Police Station- Indra Nagar District- Lucknow.

3. Case Crime No-295 of 2017 under sections- 420, 406, 447 IPC relating to police station- Indra Nagar District Lucknow.

4. Case Crime No-775 of 2018 under sections- 406,420,504,506 IPC relating to police station- Vibhuti Khand District Lucknow.

5. Case Crime No-751 of 2019 under sections- 419,420,467,468,471 and 120-B IPC relating to police station- Chinhat District Lucknow.

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 five cases in which the applicant has been granted bail.

Order Date :- 16.12.2023

Mayank