Sushil Kumar @ Anil @ Bauwa Thru. Mother ... vs State Of U.P. Thru. Prin. Secy. Home Lko.
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Allahabad High Court

Sushil Kumar @ Anil @ Bauwa Thru. Mother ... vs State Of U.P. Thru. Prin. Secy. Home Lko. on 31 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:42258
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 5168 of 2024
 

 
Applicant :- Sushil Kumar @ Anil @ Bauwa Thru. Mother Foolmati
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Ashok Kumar Singh Tomar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

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

2. This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned trial court not to insist the applicant to file separate surety bonds in each and every seven cases and accept only two sureties.

3. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in seven criminal cases and has been granted bail by the competent courts, the details of cases are as under :-

(1) Case Crime No.69 of 2024 under section 457, 380, 411, 34 IPC police station Madiyaon District Lucknow.

(2) Case Crime No.708 of 2023 under section 457, 380, 411, 34 IPC police station Madiyaon District Lucknow.

(3) Case Crime No.322 of 2023 under section 380, 411, 34 IPC police station Jankipuram District Lucknow.

(4) Case Crime No.18 of 2024 under section 457, 380, 411, 34 IPC police station Jankipuram District Lucknow.

(5) Case Crime No.32 of 2024 under section 457, 380, 411, 34 IPC police station Itaunja District Lucknow.

(6) Case Crime No.89 of 2024 under section 3/25 Arms Act police station Madiyaon District Lucknow.

(7) Case Crime No.213 of 2024 under section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act police station Madiyaon District Lucknow.

4. 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 14 persons for surety before the learned trial court.

5. 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.

6. 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).

7. 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 seven cases in which the applicant has been granted bail.

(Shamim Ahmed, J.)

Order Date :- 31.5.2024

Arnima