Shobhit Pathak vs State Of U.P. Thru. Prin. Secy. Home Lko
2024 Latest Caselaw 38005 ALL

Allahabad High Court

Shobhit Pathak vs State Of U.P. Thru. Prin. Secy. Home Lko on 19 November, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:76060
 
Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 10383 of 2024
 

 
Applicant :- Shobhit Pathak
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
 
Counsel for Applicant :- Ajeet Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

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

The instant application has been filed by the applicant seeking following main relief:-

"WHEREFORE, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Chief Judicial Magistrate, Hardoi/court concerned, Hardoi, to release the petitioner on furnishing of two sureties in one case which shall hold good for all the four cases i.e. (i) Case Crime No. 470/2023, under section 279, 364-A, 120-B I.P.C., Police Station Pali, District Hardoi, (ii) Case Crime No. 471/2023, under section 307 I.P.C. & 3/25/27 Arms Act, Police Station Pali, District Hardoi, (iii) Case Crime No. 504/2023, under section 307 I.P.C. & 3/25/27 Arms Act, Police Station Mallawan, District Hardoi and (iv) Case Crime No. 140/2024, under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Pali, District Hardoi."

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in four cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is a very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant at District Hardoi are as follows:-

(i) Case Crime No. 470/2023, under section 279, 364-A, 120-B I.P.C., Police Station Pali, District Hardoi.

(ii) Case Crime No. 471/2023, under section 307 I.P.C. & 3/25/27 Arms Act, Police Station Pali, District Hardoi.

(iii) Case Crime No. 504/2023, under section 307 I.P.C. & 3/25/27 Arms Act, Police Station Mallawan, District Hardoi.

(iv) Case Crime No. 140/2024, under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Pali, District Hardoi.

Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

Learned A.G.A. submits that he does not want to file any counter affidavit.

In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

Order Date :- 19.11.2024

Arun/-