Allahabad High Court
Arun Kumar Dixit vs State Of U.P. Thru. Prin. Secy. Home Lko. on 6 February, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:7680
Court No. - 12
Case :- APPLICATION U/S 482 No. - 1084 of 2025
Applicant :- Arun Kumar Dixit
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Akhilesh 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 for the following main relief:-
"Therefore, in view of the above noted facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to grant reprieve to the petitioner to the extent that to release the petitioner from jail furnishing the personal bonds and two sureties in all the seven cases registered against him at District Lucknow i.e. (i) Case Crime No. 35/2022, Under Section 419/420/467/468/471/204/120B/506 IPC P.S. S.I.T., District- Lucknow Gramin, (ii) Case Crime No. 37/2022 Under Section 419/420/467/468/471/204/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow, (iii) Case Crime No. 38/2022, Under Section 419/420/467/468/471/204/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District- Lucknow, (iv) Case Crime No. 46/2022, Under Section- 419/420/467/468/471/120B/386/506 IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow, (v) Case Crime No. 11/2023, Under Section-419/420/467/468/471/120B/387/506/ 204 IPC & 7A of Prevention of Corruption Act, 1988 IPC, P.S.- S.I.T., District- Lucknow, (vi) Case Crime No. 12/2023, Under Section-419/420/467/468/471/387/204/506/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow & (vii) Case Crime No. 15/2023, Under Section-419/420/467/468/471/120B/386/204/506 IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow in the interest of Justice."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven 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 Lucknow are as follows:-
(i) Case Crime No. 35/2022, under Sections- 419/420/467/468/471/204/120B/506 IPC, P.S. S.I.T., District- Lucknow Gramin.
(ii)Case Crime No. 37/2022, under Sections- 419/420/467/468/471/204/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow.
(iii)Case Crime No. 38/2022, under Sections- 419/420/467/468/471/204/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District- Lucknow.
(iv) Case Crime No. 46/2022, under Sections- 419/420/467/468/471/120B/386/506 IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow.
(v) Case Crime No. 11/2023, under Sections- 419/420/467/468/471/120B/387/506/ 204 IPC & 7A of Prevention of Corruption Act, 1988 IPC, P.S.- S.I.T., District- Lucknow.
(vi) Case Crime No. 12/2023, under Sections- 419/420/467/468/471/387/204/506/120B IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow.
(vii) Case Crime No. 15/2023, under Sections- 419/420/467/468/471/120B/386/204/506 IPC & 7A of Prevention of Corruption Act, P.S. S.I.T., District-Lucknow.
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 :- 6.2.2025
Arun/-
