Citation : 2024 Latest Caselaw 33191 ALL
Judgement Date : 1 October, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:67750 Court No. - 13 Case :- APPLICATION U/S 482 No. - 8840 of 2024 Applicant :- Jaswant Singh @ Toni Opposite Party :- State Of U.P. Thru. Secy. (Home) Lko. Counsel for Applicant :- Surendra Kumar Mishra,Pramendra Kumar 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 to permit him to submit two sureties and a personal bond in all four cases in which he was roped only one arrest and applicant has been granted bail in all cases by the competent courts.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 4 cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the competent courts. 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-Lakhimpur Kheri are as follows:-
(i) Case Crime No. 364 of 2017, under Section 379, 411, 413, 419, 420, 467, 468, 471 I.P.C., Police Station-Neemgaon, District-Lakhimpur Kheri.
(ii) Case Crime No. 65 of 2018, under Section 147, 148, 149, 307 I.P.C., Police Station-Sadar, District-Lakhimpur Kheri.
(iii) Case Crime No. 66 of 2018, under Section 41/411, 413, 414, 419, 420, 467, 468, 471 I.P.C., Police Station-Sadar, District-Lakhimpur Kheri.
(iv) Case Crime No. 68 of 2018, under Section 3/25 Arms Act, Police Station-Sadar, District-Lakhimpur Kheri.
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 :- 1.10.2024
Vinay/-
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