Vishal @ Vikas @ Chhotu vs State Of U.P. Thru. Prin. Secy. Home Lko.
2023 Latest Caselaw 36375 ALL

Allahabad High Court

Vishal @ Vikas @ Chhotu vs State Of U.P. Thru. Prin. Secy. Home Lko. on 22 December, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:85029
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 12587 of 2023
 

 
Applicant :- Vishal @ Vikas @ Chhotu
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Vivek Chandra,Manish Arora
 
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 for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petitioners submitted a personal bond and two sureties in the all cases (mentioned in para 6 of the memo of petition) in the interest of justice."

Learned counsel for the applicant submits that the applicant is innocent and he has not committed any offence and he has been implicated in 4 cases. He next submitted that in all the offences which have been registered against the applicant, he has been granted bail. He says that the applicant is not in a position to furnish huge sureties for all the cases in compliance of bail orders. It is further submitted that the applicant granted bail in 4 cases registered at District-Sitapur, details of which are as follows:

(i) Case Crime No. 170 of 2021, under Section 379, 411 I.P.C.

(ii) Case Crime No. 206 of 2021, under Sections 379, 411 I.P.C.

(iii) Case Crime No. 212 of 2021, under Sections 411, 413, 420 I.P.C.

(iv) Case Crime No. 274 of 2021, under Sections 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986.

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 :- 22.12.2023

Vinay/-