Nityanand Rai vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 17793 ALL

Allahabad High Court

Nityanand Rai vs State Of U.P. Thru. Addl. Chief Secy. ... on 17 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:38010
 
Court No. - 15
 
Case :- APPLICATION U/S 482 No. - 4539 of 2024
 
Applicant :- Nityanand Rai
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko.
 
Counsel for Applicant :- Ram Kumar Singh,Mukteshwar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

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

This application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned trial court to accept two sureties in place of four sureties of two criminal cases.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the cases shown in paragraphs 6 and 7 of the application. Learned counsel for the applicant submits that the applicant has been released on bail in following cases:-

(i) Crime No. 376 of 2020, under Section 406, 420, 467, 468, 471, 504 Indian Penal Code, Police Station Aliganj, District Lucknow.

(ii) Crime No.83 of 2020, under Section 406, 420, 467, 468, 471, 504 Indian Penal Code, Police station Aliganj, District Lucknow.

Learned counsel for the applicant submits that due to poor financial condition, the applicant is not in a position to manage sureties in two cases. He seeks benefit of judgment passed by Hon'be Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P." passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018.

Opposing the prayer of the applicant, learned A.G.A. for the State submits that it is always the discretion and satisfaction of the concerned trial court so far as the acceptance of the surety is concerned.

Considering the aforesaid, it is provided that the applicant may furnish a personal bond and two sureties which shall be treated to be valid in both the cases above mentioned in which the bail orders have been passed.

With these observations, the petition is disposed of.

Order Date :- 17.5.2024

Madhu