Shailendra Singh @ Radhey vs The State Of U.P. Thru. Secy. Home Deptt. ...
2024 Latest Caselaw 16372 ALL

Allahabad High Court

Shailendra Singh @ Radhey vs The State Of U.P. Thru. Secy. Home Deptt. ... on 9 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35756
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 4272 of 2024
 

 
Applicant :- Shailendra Singh @ Radhey
 
Opposite Party :- The State Of U.P. Thru. Secy. Home Deptt. Govt. Lko.
 
Counsel for Applicant :- Ajay Kumar Soni
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard SriAjay Kumar Soni, learned counsel for the applicant and Sri Hari Shanker Bajpai, learned A.G.A.-I for the state and perused the record.

This instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learnedtrial court to release the applicant by accepting only two sureties and not to insist the applicant to file separate surety bonds in each and every three cases and as mentioned in the application.

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, the details of cases are as under ;-

1. Case Crime No.29 of 2023, under Sections 379, 411, 413 I.P.C., Police Station Kamrauli, District Amethi.

2. Case Crime No.436 of 2023, under Sections 8/21 of N.D.P.S. Act, Police Station Jagdishpur, District Amethi.

3. Case Crime No.65 of 2024, under Sections 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Jagdishpur, District Amethi.

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 06 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 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).

This application 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.

Order Date :- 9.5.2024

Saurabh