Citation : 2024 Latest Caselaw 20130 ALL
Judgement Date : 31 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:41535 Court No. - 27 Case :- APPLICATION U/S 482 No. - 5068 of 2024 Applicant :- Ajeet Kumar Gupta Alias Ajeet Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below not to insist the applicant to file separate surety bonds in each and every twenty five cases and accept only two sureties.
It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated intwenty five cases criminal cases and has been granted bail by the learned courts below, the details of cases are as under ;-
1. Case Crime No. 298/2020, U/s 352,506 420,467,468,471,419, I.P.C., Police Station Kumarganj District: Faizabad/Ayodhya.
2. Case Crime No. 62/2020, U/s 406,419 420,467,468,471 504,506, I.P.C., Police Station: District: Kumarganj Faizabad/Ayodhya.
3. Case Crime No. 237/2020, U/s 406,34 420,467,468,471,419,504,506 I.P.C., Police Station: Kumarganj, District: Faizabad/Ayodhya.
4. Case Crime No. 206/2021, U/s 420,467,468,471 504,506 I.P.C., Police Station Kumarganj District: Faizabad/Ayodhya.
5. Case Crime No. 278/2020, U/s 406,419 420,467,468,471 I.P.C., Police Station Kumarganj District: Faizabad/Ayodhya.
6. Case Crime No. 62/2021, U/s 420,467,468,471 504,506, ?.?.C., Police Station Kumarganj District: Faizabad/Ayodhya.
7. Case Crime No. 248/2021, U/s 420,467,468,471 406 I.P.C., Police Station: Kumarganj District: Faizabad/Ayodhya.
8. Case Crime No. 61/2021, U/s 420,467,468,471 504,506,34 I.P.C., Police Station Kumarganj District: Faizabad/Ayodhya.
9. Case Crime No. 14/2021, U/s 420, 419,467,468,471,504,506 I.P.C., Police Station: Kumarganj, District: Faizabad/Ayodhya.
10. Case Crime No. 290/2020, U/s 419,420,467,468,471,504,506,352 I.P.C., Police Station: Kumarganj, District: Faizabad/Ayodhya.
11. Case Crime No. 155/2020, U/s 409,419,420,467,468,471,504,506 I.P.C., Police Station: Kumarganj District: Faizabad/Ayodhya.
Granted by Hon'ble High Court Lucknow.
12. Case Crime No. 295/2020, U/s 420,467,468,471,419 I.P.C., Police Station: Kumarganj, District: Faizabad/Ayodhya.
13. Case Crime No. 34/2021, U/s 34, 419,420,467,468,471,504,506, I.P.C., Police Station: Kumarganj, District: Faizabad/Ayodhya.
14. Case Crime No. 288/2020, U/s 420,467,468,471 419,506 1.P.C., Police Station Kumarganj District: Faizabad/Ayodhya.
15. Case Crime No. 348/2020, U/s 419, 420,467,468,471,406 I.P.C., Police Station: Mawai District Faizabad/Ayodhya.
16. Case Crime No. 297/2021, U/s 34,419, 420,467,468,471,506, 406 I.P.C., Police Station: Mawai District: Faizabad/Ayodhya.
17. Case Crime No. 656/2020, U/s 406, 419,420,467,468,471,120B,506 I.P.C., Police Station: Kotwali Nagar, District Faizabad/Ayodhya.
18. Case Crime No. 763/2020, U/s 406,420,467,468,471 419,504,506 I.P.C., Police Station: Kotwali Nagar, District Faizabad/Ayodhya.
19. Case Crime No. 855/2020, U/s 406,420,506 I.P.C., Police Station Kotwali Nagar, District: Faizabad/Ayodhya.
20. Case Crime No. 762/2020, U/s 406,420,467,468,471, 419 I.P.C., Police Station: Kotwali Nagar, District: Faizabad/Ayodhya.
21. Case Crime No. 125/2021, U/s 406, 419,420,467,468,471,504,506 I.P.C., Station : Kotwali Nagar, Police District Faizabad/Ayodhya.
22. Case Crime No. 860/2020, U/s 406,420,467,468,471, 419 I.P.C., Police Station: Kotwali Nagar, District: Faizabad/Ayodhya.
23. Case Crime No. 487/2020, U/s 406, 419,420,467,468,471,120B,506 I.P.C., Police Station Kotwali Nagar, District: Faizabad/Ayodhya.
24. Case Crime No. 451/2020, U/s 406, 419,420,467,468,471,120B,506 I.P.C., Police Station : Kotwali Nagar, District Faizabad/Ayodhya.
25. Case Crime No. 563/2020, U/s 406,420,467,468,471,419,120B,506 I.P.C., Police Station : Kotwali Nagar, District Faizabad/Ayodhya.
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 50 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 twenty five cases in which the applicant has been granted bail.
The application is, accordingly, disposed of.
Order Date :- 31.5.2024
Arvind
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