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Sarvesh Alias Ramkishor vs State Of U.P. Thru. Prin. Secy. Home Lko.
2024 Latest Caselaw 20706 ALL

Citation : 2024 Latest Caselaw 20706 ALL
Judgement Date : 11 June, 2024

Allahabad High Court

Sarvesh Alias Ramkishor vs State Of U.P. Thru. Prin. Secy. Home Lko. on 11 June, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?
 
Neutral Citation No. - 2024:AHC-LKO:42843
 
Court No. - 12
 
Case :- APPLICATION U/S 482 No. - 5364 of 2024
 
Applicant :- Sarvesh Alias Ramkishor
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Rajat Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

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

The instant application under Section 482 Cr.P.C. has been filed by the applicant to permit them to submit two sureties and one personal bond for all eight cases from each applicant and applicant has been granted bail in all cases by the court below.

Learned counsel for the applicant submits that the applicant is innocent and they have falsely been implicated in all eight cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by this Court as also by the court below. 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 at District Hardoi are as follows:-

(i) Crime No. 05 of 2023, under Sections 452/350/411 I.P.C.

(ii) Crime No. 08 of 2023, under Sections 457/350/411 I.P.C.

(iii) Crime No. 16 of 2023, under Sections 457/380/411 I.P.C.

(iv) Crime No. 23 of 2023, under Sections 457/380/411 I.P.C.

(v) Crime No. 24 of 2023, under Sections 457/380/411 I.P.C.

(vi) Crime No. 519 of 2022, under Sections 457/380/411 I.P.C.

(vii) Case Crime No. 684 of 2022 under Sections 457/380/411 I.P.C.

(viii) Case Crime No. 284 of 2023 under Sections 2/3 U.P. Gangster Act

Learned counsel for the applicant 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.

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

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 law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below 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 :- 11.6.2024

Jyoti/-

 

 

 
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