Citation : 2024 Latest Caselaw 20277 ALL
Judgement Date : 31 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:41835 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5130 of 2024 Applicant :- Anjani Kumar Kaushal Alias Anjani Kaushal 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 Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and 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 not to insist the applicant to file separate surety bonds in twenty cases and accept only two sureties in lieu of twenty cases.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the cases shown in paragraph 3 of the application. Learned counsel for the applicant submits that the applicant has been released on bail in following cases:-
"1. Case Crime No. 869/2020, U/s 420, 409,I.P.C., Police Station Gomti Nagar District Lucknow.
2. Case Crime No. 584/2020, U/s 420, 409,467,468, 471 120B I.P.C., Police Station Gomti Nagar District: Lucknow
3. Case Crime No. 567/2021, U/s 420, 409,506I.P.C., Police Station Gomti Nagar District:Lucknow
4. Case Crime No. 634/2021, U/s 420, 409,506 I.P.C., Police Station Gomti Nagar District Lucknow
5. Case Crime No. 797/2020, U/s 420, 409,I.P.C., Police Station Gomti Nagar DistrictLucknow
6.Case Crime No. 413/2022, U/s 420, 409,I.P.C., Police Station Gomti Nagar District Lucknow
7 Case Crime No. 960/2020, U/s 420, 409,I.P.C., Police Station Gomti Nagar DistrictLucknow
8. Case Crime No. 739/2020, U/s 420,109,506I.P.C., Police Station Gomti Nagar District Lucknow
9. Case Crime 875/2020, U/s 420,409,504,506 I.P.C., Police Station Gomti Nagar District: Lucknow
10. Case Crime No. 775/2020, U/s 420, 409, 323,506 I.P.C., Police Station Gomti Nagar District Lucknow
11. Case Crime No. 673/2021, U/s 420, 409,I.P.C., Police Station Gomti Nagar District Lucknow
12.Case Crime No. 876/2020, U/s 420, 409,504I.P.C., Police Station Gomti Nagar District Lucknow
13.Case Crime No. 129/2021, U/s 420, 409,I.P.C., Police Station Gomti Nagar District Lucknow
14. Case Crime No. 40/2021, U/s 420, 409,120BI.P.C., Police Station Gomti Nagar District Lucknow
15. Case Crime No. 975/2020, U/s 420, 409,506I.P.C., Police Station Gomti Nagar District Lucknow
16. Case Crime No. 829/2020, U/s420,409,419,467,468,471,504,120B I.P.C., Police Station Gomti Nagar District: Lucknow
17.Case Crime No. 832/2020, U/s 420,409,419,467,468,471,504,120B I.P.C., Police Station Gomti Nagar District: Lucknow
18.Case Crime No.868/2020, U/s420,409,504,506 I.P.C., Police Station Gomti Nagar District: Lucknow
19. Case Crime No. 854/2020, U/s 420, 409,504I.P.C., Police Station Gomti Nagar District Lucknow
20.Case Crime No. 773/2020,U/s 420,409,506,504 I.P.C., Police Station Gomti Nagar 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 twenty 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 all the twenty cases above mentioned in which the bail orders have been passed.
With these observations, the petition is disposed of.
Order Date :- 31.5.2024
Madhu
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