Citation : 2024 Latest Caselaw 18789 ALL
Judgement Date : 23 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:39102 Court No. - 27 Case :- APPLICATION U/S 482 No. - 4740 of 2024 Applicant :- Deepak @ Netrapal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. Counsel for Applicant :- Jay Kumar Soni,Nevedita Gupta Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants and learned A.G.A. 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 learned trial court to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every three cases and as mentioned in para 6 of 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 have been granted bail by the competent courts, the details of cases are as under ;-
1. Case Crime No.102 of 2024, under Section 3/5-A/8 of Cow Slaughter Act and Section 11(1) Gha of Cruelty to Animals Act, Police Station Jaidpur, District Barabanki.
2. Case Crime No.103 of 2024, under Section 4/25 of Arms Act, Police Station Jaidpur, District Barabanki.
3. Case Crime No.126 of 2024, under Section 3(1) of U.P. Gangster Act, Police Station Jaidpur, District Barabanki.
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 other three cases in which the applicant has been granted bail.
Order Date :- 23.5.2024
Piyush/-
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