Ajay Kumar Gautam vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Ajay Kumar Gautam vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 21 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:84934
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 12686 of 2023
 

 
Applicant :- Ajay Kumar Gautam
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. Lko.
 
Counsel for Applicant :- Anjali Dubey,Soniya Mishra Soni Pathak
 
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 with a prayer to direct the court concerned to accept the personal bond and two sureties in one case treating the same for other cases mentioned in para 5 of this application.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 2 cases. He next submitted that in both 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. 165/2023, under Section 392, 411 I.P.C.

(ii) Case Crime No. 107/2023, under Sections 392, 411 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 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/-