Dhananjay Shah vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 3532 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1060 of 2023
 

 
Applicant :- Dhananjay Shah
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home
 
Counsel for Applicant :- Pal Singh Yadav,Prathama Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Pal Singh Yadav, learned counsel for the applicant and Sri Diwaker Singh, learned A.G.A. for the state and perused the record.

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

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 learned courts below, the details of cases are as under ;-

1. Case Crime No. 482/2022, under Section 379 I.P.C., Police Station, PGI, Lucknow

2. Case Crime No.480/2022 under Section 379 I.P.C., Police Station Ashiyana, Lucknow

3. Case Crime No.498/2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Ashiyana, Lucknow

4. Case Crime No. 463/2002 under Section 379/411 I.P.C. Police Station Ashiyana, Lucknow

5. Crime No. 451/2022 under Section 379 I.P.C. Police Station Ashiyana, 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 ten 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 other five cases in which the applicant has been granted bail.

The application is, accordingly, disposed of.

Order Date :- 3.2.2023

Arvind