Uttam Yadav vs State Of U.P. Thru. Secy. Home Deptt. ...
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Allahabad High Court

Uttam Yadav vs State Of U.P. Thru. Secy. Home Deptt. ... on 23 November, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77564
 
Court No. - 12
 
Case :- APPLICATION U/S 528 BNSS No. - 68 of 2024
 
Applicant :- Uttam Yadav
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Ajeet Kumar Yadav,Subhash Chandra Yadav
 
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 has been filed by the applicant to permit him to submit two sureties and one personal bond for all eight cases from the applicant and applicant has been granted bail in all cases by the court below.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all eight cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. He says that the applicant is 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 in District Lucknow are as follows:-

(i) Crime No. 468 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

(ii) Crime No. 467 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

(iii)Crime No. 471 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

(iv)Crime No. 466 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

(v)Crime No.179 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

(vi)Crime No. 332 of 2024, under Sections 303(2), 317(2) BNS, Police Station Vibhuti Khand

(vii)Crime No. 182 of 2024, under Sections 317(2) BNS, Police Station Gomti Nagar

(viii)Crime No. 178 of 2024, under Sections 303(2), 317(2) BNS, Police Station Gomti Nagar

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 :- 23.11.2024

Jyoti/-