Raja Singh, Thru. Wife Smt. Nisha ... vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 3180 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 417 of 2023
 

 
Petitioner :- Raja Singh, Thru. Wife Smt. Nisha Singh And Another
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt., Lko. And Another
 
Counsel for Petitioner :- Ashok Kumar Dubey,Ram Narayan Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Ashok Kumar Dubey, learned counsel for the applicants and Sri Diwaker Singh, learned A.G.A. for the state and perused the record.

This petition under Article 227 of the Constitution of India has been filed by the petitioner for directing the learned Court below not to insist the applicant to file separate surety bonds in each and every six 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 six criminal cases and has been granted bail by the learned courts below, the details of cases are as under ;-

1. Case Crime No. 304/2022, under Sections 379, 411, 413 I.P.C., Police Station Malihabad, District Lucknow.

2. Case Crime No. 306/2022, under Section 3/25 Arms Act, Police Station Malihabad, District Lucknow.

3. Case Crime No. 307/2022, under Section 3/25 Arms Act, Police Station Malihabad, District Lucknow.

4. Case Crime No. 112/2022, under Sections 379, 411 I.P.C., Police Station Dubagga, District Lucknow.

5. Case Crime No. 347/2022, under Sections 379, 411, 413 I.P.C., Police Station Para, District Lucknow.

6. Case Crime No. 479/2022, under Section 2/3 UP Gangster Act, Police Station Malihabad, District 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 12 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 six cases in which the applicant has been granted bail.

The application is, accordingly, disposed of.

Order Date :- 31.1.2023

Arvind