Allahabad High Court
Abhishek Dwivedi vs State Of U.P. Thru. Secy. Home, ... on 23 March, 2023
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- APPLICATION U/S 482 No. - 2702 of 2023
Applicant :- Abhishek Dwivedi
Opposite Party :- State Of U.P. Thru. Secy. Home, Lko.
Counsel for Applicant :- Vaibhav Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.
This petition has been filed with the following prayer :-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to permit the applicant to submit two sureties and personal bond in five cases in which he was roped only one arrest and applicant has been granted bail in all the cases, which are quoted below :
(i) Case No. 74109 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Dawaghar Dotcom Vs. Abhishek Dwivedi) (ii) Case No. 71243 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Yashwardhan Sharma Vs. Abhishek Dwivedi) (iii) Case No. 74107 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Rajeev Sharma Vs. Abhishek Dwivedi) (iv) Case No. 74106 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Madhu Sharma Vs. Abhishek Dwivedi) (v) Case No. 74108 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Divyansh Sharma Vs. Abhishek Dwivedi).
It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in five criminal cases detail of which has been given in paragraph no. 4 of the petition.
Paragraph no. 4 of the petition is being quoted hereinbelow :-
" That the accused/ petitioner has been granted bail by the learned trial court in five cases, the details of cases are as under ;-
(i) Case No. 74109 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Dawaghar Dotcom Vs. Abhishek Dwivedi) (ii) Case No. 71243 of 2021, under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Yashwardhan Sharma Vs. Abhishek Dwivedi) (iii) Case No. 74107 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Rajeev Sharma Vs. Abhishek Dwivedi) (iv) Case No. 74106 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Madhu Sharma Vs. Abhishek Dwivedi) (v) Case No. 74108 of 2021 under Section 138 of the Negotiable Instruments Act, Police Station-Hasanganj, District Lucknow (Divyansh Sharma Vs. Abhishek Dwivedi).
It has been submitted by the learned counsel for the petitioner that the petitioner has been bailed out in all such cases but he 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 petitioner 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 petitioner that the petitioner be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).
This petition 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 petitioner and such personal bond and sureties shall hold good in all the other five cases in which the petitioner has been granted bail.
Order Date :- 23.3.2023
Virendra
