Amit Kumar Rastogi vs State Of U.P. Thru. Prin.Secy. Home
2023 Latest Caselaw 36144 ALL

Allahabad High Court

Amit Kumar Rastogi vs State Of U.P. Thru. Prin.Secy. Home on 21 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:84722
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 12542 of 2023
 

 
Applicant :- Amit Kumar Rastogi
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home
 
Counsel for Applicant :- Vivek Chandra,Jitendra Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

The instant application under Section 482 Cr.P.C. has been filed by the applicant to permit him to submit two sureties and personal bond in all the cases mentioned in para 6 of this application.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 5 cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is a very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant at District Lucknow are as follows:-

(i) Case Crime No. 457/2023, under Sections 420, 380, 411, 457 IPC.

(ii) Case Crime No. 467/2023, under Sections 380, 411, 457 IPC.

(iii) Case Crime No. 468/2023, under Sections 380, 411, 457 IPC.

(iv) Case Crime No. 252/2023, under Sections 380, 457, 414 IPC.

(v) Case Crime No. 260/2023, under Sections 380, 457, 414 IPC.

Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

Learned A.G.A. submits that he does not want to file any counter affidavit.

In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

Order Date :- 21.12.2023

Arun/-