Citation : 2025 Latest Caselaw 1220 ALL
Judgement Date : 2 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34254 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4340 of 2025 Applicant :- Rajeev Yadav @ Rinku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mukesh Kumar Yadav,Diwakar Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. Heard Shri Diwakar Pratap Pandey, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.
3. This application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed by the applicant with the following relief:-
"to direct the trial court concerned not to insist the applicant to file separate sureties and bonds in each and every case and accept only two sureties and one personal bond in lieu of all four cases mentioned in paragraph no. 3 of the affidavit."
4. Learned counsel for applicant has submitted that the applicant was arrested by the police in Case Crime No. 63 of 2024, under Sections 302/34 IPC, Police Station Cantt. District Faizabad/Ayodhya and thereafter he has been implicated in three other cases. There are total ten cases against the applicant, out of which in all remaining six cases, he is already on bail, though it could not be mentioned in the petition filed in support of the application.
5. He further submits that the applicant has been enlarged on bail in all four cases, the bail orders of which have been annexed with the application as Annexure no. 1 to the affidavit. The details of four cases are given in paragraph no. 3 of the affidavit, which are as under:-
"(i) Case Crime No. 63 of 2024, under Section 302/24 IPC, Police Station Cantt, District Faizabad/Ayodhya.
(ii) Case Crime No. 67 of 2024, under Section 307/34 IPC, Police Station Canott, District Faizabad/Ayodhya.
(iii) Case Crime No. 69 of 2024, under Section 3/25 of the Arms Act, Police Station Cantt, District Faizabad/Ayodhya.
(iv) Case Crime No. 200 of 2024, under Section 3 (1) of the U.P. Gangster & Anti-social Activities (Prevention) Act, Police Station Cantt. District Faizabad/Ayodhya."
6. Learned counsel for applicant has submitted that the applicant is not in a position to arrange eight sureties for all the four cases as heavy amount has also been fixed by the court concerned for the sureties. He has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. passed in Special Leave to Appeal (Crl.) No(s). 8914-8915/2018 (arising out of impugned final judgment and order dated 08.05.2018 in CRLMC No. 2738/2018 16.8.2018 passed by the High Court of Judicature at Allahabad, Lucknow Bench) and submits that the applicant may be permitted to furnish two sureties, which may be directed to be applicable in all the four cases. Hon'ble the Supreme Court in the aforesaid case has permitted to applicant to furnish two sureties and a bond in 31 cases.
7. In view of above, this application under Section 482 Cr.P.C. is disposed of finally with a direction to the applicant to furnish one personal bond as directed by the court concerned in all four cases and two sureties of Rs.1,00,000/- for all cases. The sureties shall be furnished in Case Crime No. 63 of 2024, under Section 302/24 IPC, Police Station Cantt, District Faizabad/Ayodhya and the same shall be for all four cases and copies thereof shall be kept on record in all four cases.
.
(Rajnish Kumar, J.)
Order Date :- 2.6.2025
Virendra
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