Citation : 2024 Latest Caselaw 16600 ALL
Judgement Date : 10 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:36122 Court No. - 27 Case :- APPLICATION U/S 482 No. - 4309 of 2024 Applicant :- Rajeev Sonkar Opposite Party :- State Of U.P. Thru. Home Secy. Annexy Bhawan Civil Sectt. Lko. Counsel for Applicant :- Rakesh Singh Parihar,Ajai Kishore Singh Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard Sri Rakesh Singh Parihar, learned counsel for the applicant and Sri Rajiv Kumar Verma, 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 eleven 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 eleven criminal cases and has been granted bail by the competent courts, the details of cases are as under ;-
1. Case Crime No.191 of 2023, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.
2. Case Crime No.360 of 2023, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.
3. Case Crime No.361 of 2023, under Sections 457, 380, 411 I.P.C., Police Station Madiyaon, District Lucknow.
4. Case Crime No.404 of 2023, under Sections 454, 380 I.P.C., Police Station Madiyaon, District Lucknow.
5. Case Crime No.452 of 2023, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.
6.Case Crime No.455 of 2023, under Sections 380 I.P.C., Police Station Madiyaon, District Lucknow.
7.Case Crime No.456 of 2023, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.
8.Case Crime No.468 of 2023, under Sections 380 I.P.C., Police Station Madiyaon, District Lucknow.
9.Case Crime No.481 of 2023, under Sections 380 I.P.C., Police Station Madiyaon, District Lucknow.
10.Case Crime No.488 of 2023, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.
11.Case Crime No.565 of 2023, under Sections 454, 380, 511 I.P.C., Police Station Madiyaon, 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 22 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 eleven cases in which the applicant has been granted bail.
Order Date :- 10.5.2024
Saurabh
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