Rajat Mishra @ Vicky vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 15377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34363
 
Court No. - 14
 
Case :- APPLICATION U/S 482 No. - 4783 of 2023
 

 
Applicant :- Rajat Mishra @ Vicky
 
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko.
 
Counsel for Applicant :- Dinesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Dinesh Kumar, the learned counsel for the applicant, Shri Tilakraj Singh, the 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 nine 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 nine criminal cases and in all the cases he has been granted bail, the details of cases are as under:-

1. Case Crime No. 248/2022, under Sections 380, 457, 411 I.P.C., Police Station Ashiyana, District Lucknow.

2. Crime Crime No. 262/2022, under Sections 380, 457, 411 I.P.C., Police Station Sarojini Nagar, District Lucknow.

3. Case Crime No. 263/2022, under Sections 380, 457, 411 I.P.C., Police Station Sarojini Nagar, District Lucknow.

4. Case Crime No. 265/2022, under Sections 380, 457, 411 I.P.C., Police Station Sarojini Nagar, District Lucknow.

5. Case Crime No. 276/2022, under Sections 380, 411 I.P.C., Police Station Sarojini Nagar, District Lucknow.

6. Case Crime No. 274/2022, under Sections 380, 457, 411 I.P.C., Police Station Ashiyana, District Lucknow.

7. Case Crime No. 233/2022, under Sections 380, 457, 411 I.P.C., Police Station Ashiyana, District Lucknow.

8. Case Crime No. 97/2022, under Sections 380, 457, 411 I.P.C., Police Station Indira Nagar, District Lucknow.

9. Case Crime No. 310/2022, under Sections 380, 411 I.P.C., Police Station Mandion, 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 18 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 eight cases in which the applicant has been granted bail.

The petition/application is, accordingly, disposed of.

Order Date :- 16.5.2023

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