Arvind Yadav vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 14858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32611
 
Court No. - 14
 
Case :- APPLICATION U/S 482 No. - 4632 of 2023
 
Applicant :- Arvind Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
 
Counsel for Applicant :- Shailesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Shailesh Kumar Srivastava, the learned counsel for the applicant, Shri Hari Shankar Vajpayee, the learned A.G.A.-I 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 seven 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 seven criminal cases and has been granted bail, the details of cases are as under:-

1. Case Crime No. 117/ 2022, under Sections 395, 412, 413, 414 I.P.C., Police Station Chanda, District Sultanpur.

2. Case Crime No. 131/ 2022, under Sections 395, 412, 413, 414 I.P.C., Police Station Chanda, District Sultanpur.

3. Crime Crime No. 182/ 2022, under Sections 147, 148, 307 I.P.C., Police Station Chanda, District Sultanpur.

4. Case Crime No. 248/ 2022, under Section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Chanda, District Sultanpur.

5. Case Crime No. 183/ 2022, under Section 3/25 of Arms Act, Police Station Chanda, District Sultanpur.

6. Crime Crime No. 187/ 2023, under Sections 411, 419, 420, 465 I.P.C., Police Station Chanda, District Sultanpur.

7. Crime Crime No. 93/ 2022, under Sections 394, 411 I.P.C., Police Station Karaundi Kala, District Sultanpur.

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 14 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 petitioner 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 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 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 petition/application is, accordingly, disposed of.

Order Date :- 11.5.2023

Mustaqeem