Citation : 2023 Latest Caselaw 1106 ALL
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 34721 of 2022 Applicant :- Rahul Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Dubey,Anand Prakash Dubey Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
The present application u/s 482 Cr.P.C. has been filed by the applicant seeking direction to the Court below to take common security of the applicant to release him on bail under the bail orders having been passed in all six cases, pending against him, which are detailed in prayer clause as under:-
"i. In Case Crime No. 63 of 2022, under Sections 63 & 72 Excise Act, Police Station-Delhi Gate, District-Meerut.
ii. In Case Crime No. 227 of 2022, under Sections 392, 411, 413 & 120B of IPC, Police Station-Lisarigate, District-Meerut.
iii. In Case Crime No. 229 of 2022, under Sections 392, 411, 413 of IPC, Police Station- Lisarigate, District-Meerut.
iv. In Case Crime No. 120 of 2022, under Sections 413, 120 & 34 of IPC, Police Station-Daraula, District-Meerut.
v. In Case Crime No. 122 of 2022, under Sections 413 & 120 of IPC, Police Station-Daurala, District-Meerut."
The learned counsel for the applicant has cited a case of Hon'ble Supreme Court in Special Leave to Appeal (Cri.) No.(s). 8914-8915/2018 HANI NISHAD @ MOHAMMAD IMRAN @ VIKKI vs. THE STATE OF UTTAR PRADESH @ Vikky Vs. State of U.P. in the Case: U/s 482/378/407 No. 6917 of 2016 Surendra Singh Chauhan @ Bauwa @ Devraj vs. State of U.P. Thru. Secy. Home Deptt. & Another Case: MISC. SINGLE No. 14429 of 2018 Arif vs. State of U.P. Thru Secy. Home and others.
Respectfully following the ratio of law laid down in the aforesaid judgment of the Apex Court is directed to release the applicant on his furnishing a personal bond of Rs. One lac along with two sureties in the like amount in all the six cases detailed in the prayer clause of this application u/s 482.
With the aforesaid observations the present application under Section 482 Cr.P.C. is allowed.
Order Date :- 11.1.2023
Neetu
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