Deepak Kumar vs State Of U.P. Thru. Prin. Secy. Home, ...
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Allahabad High Court

Deepak Kumar vs State Of U.P. Thru. Prin. Secy. Home, ... on 3 January, 2024

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:698
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 12818 of 2023
 

 
Applicant :- Deepak Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.
 
Counsel for Applicant :- Krishna Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

1. Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.

2. This instant application/ petition under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every three cases as mentioned in para 7 of the application.

3. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in three criminal cases and has been granted bail by the competent courts, details of the cases are as under :-

A. Case Crime No.94 of 2023, under Sections 392 & 411 I.P.C., Police Station Lonikatara, District- Barabanki.

B. Case Crime No.148 of 2023, under Sections 394, 506 & 411 I.P.C., Police Station- Safdarganj, District- Barabanki.

C. Case Crime No.156 of 2023, under Sections 3/5 Arms Act, Police Station- Safdarganj, District- Barabanki.

4. 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 six persons for surety before the learned trial court.

5. 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.

6. 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).

7. Accordingly, this application/ 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 three cases in which the applicant has been granted bail.

[Rajesh Singh Chauhan,J.]

Order Date :- 3.1.2024

RBS/-