Jitendra Singh vs State Of U.P Thru. Prin. Secy. Home Govt. ...
2023 Latest Caselaw 36146 ALL

Allahabad High Court

Jitendra Singh vs State Of U.P Thru. Prin. Secy. Home Govt. ... on 21 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:84822
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 12572 of 2023
 

 
Applicant :- Jitendra Singh
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko.
 
Counsel for Applicant :- Dhirendra Singh Panwar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Heard.

The present application under Section 482 CrPC has been filed with following prayer:-

"WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to allow the instant petition U/S 482 CrPC by exercising the inherent powers under 482 CrPC and allow the petitioner to furnish two sureties and personal bond in 4 cases pending before the learned court of Special Judge Anti Corruption CBI (Central), Lucknow in which the petitioner had been granted anticipatory bail by this Hon'ble court."

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 4 cases. He next submitted that in all the case registered against the applicant, he has been granted bail by this Court and the bail orders are annexed as Annexure No.2-5. He says that the applicant is a the permanent resident of District Prayagraj, thus, he is not in a position to furnish huge sureties for all the cases in compliance of bail orders. It is further submitted that the details of cases registered against the applicant are as follows:-

(i) Case Crime No. 13 of 2021, under Section 409, 120-B I.P.C.

(ii) Case Crime No. 12 of 2021, under Section 409, 120-B I.P.C.

(iii) Case Crime No. 14 of 2021, under Section 409, 120-B I.P.C.

(iv) Case Crime No. 17 of 2021, under Section 409, 120-B I.P.C.

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 of the case 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. 20,000/- 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

Raj