Jeetu vs State Of U.P. Thru. Secy. Home Deptt. ...
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Allahabad High Court

Jeetu vs State Of U.P. Thru. Secy. Home Deptt. ... on 3 July, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:45144
 
Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 5712 of 2024
 

 
Applicant :- Jeetu
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

2. The instant application under Section 482 Cr.P.C. has been filed for following relief:

"to direct the learned Court below not to insist the petitioner to file separate surety in each and every five cases and accept only one surety in lieu of all the above mentioned five cases, in the interest of justice."

3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all five cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the trial court. He says that the applicant is very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant in District Barabanki are as follows:-

(i) Case Crime No. 38 of 2023, under Sections 457, 380, 411 I.P.C., Police Station Loni Katra, District - Barabanki.

(ii) Case Crime No. 42 of 2023, under Sections 8/21 N.D.P.S. Act, Police Station Loni Katra, District - Barabanki.

(iii) Case Crime No. 288 of 2021, under Sections 457, 380, 411 I.P.C., Police Station Loni Katra, District - Barabanki.

(iv) Case Crime No. 143 of 2023, under Section 3(1) U.P. Gangster Act, 1986, Police Station Loni Katra, District - Barabanki.

(v) Case Crime No. 179 of 2021, under Sections 323, 504, 506, 325 I.P.C., Police Station Loni Katra, District - Barabanki.

4. Learned counsel for the applicants has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

5. Learned A.G.A. submits that he does not want to file any counter affidavit.

6. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. stands disposed of finally in the light of law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the trial Court is directed to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

Order Date :- 3.7.2024

Mohit Singh/-