Disposed

Manoj Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

Allahabad HC17 May 2023/4857/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the Allahabad High Court held that an indigent applicant granted bail in four connected cases need not file separate bonds. The court directed the filing of one personal bond of Rs. 1 lakh and two sureties of the same amount, valid for all matters.

What did the court decide?

Direction to furnish one personal bond of Rs. 1,00,000/- and two sureties of the like amount in one case, valid for all four cases where bail was granted.

Manoj Kumar Srivastava Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:34382

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4857 of 2023

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Applicant :- Manoj Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

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Counsel for Applicant :- Arvind Tripathi,Atul Kumar Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the material placed on record.

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By means of the instant application, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every four and accept only two sureties and one personal bond in lieu of all the four cases.

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The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which, he has been granted bail. He added that the applicant has been granted bail in four cases arising out of following Case Crime Numbers :-

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Case Crime No. 1355 of 2019, under Sections 120-B, 420,409,467,468,471 of IPC, PS - Gomti Nagar, District -Lucknow.

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Case Crime No. 1559 of 2019, under Sections 120-B, 420,409,467,468,471 of IPC, PS - Gomti Nagar, District -Lucknow.

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3)Case Crime No. 97 of 2020, under Sections 120B, 420,409,467,468,471 of IPC, PS - Gomti Nagar, District -Lucknow.

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4)Case Crime No. 30 of 2020, under Sections 120B, 420,409,467,468,471 of IPC, PS - Gomti Nagar, District -Lucknow. .

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He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still

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in jail. Being poor person, he is unable to produce the sureties in each cases. It is further submitted by the learned counsel for the applicants that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.89148915/2018] the Supreme Court vide order dated 29.10.2018 has permitted the petitioners to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases.

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Referring the aforesaid judgement and order, he submits that the applicant may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra).

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Considering the aforesaid fact, the petition is disposed off with a direction to the applicant to furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other cases wherein the bail orders have been passed.

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Order Date :- 17.5.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Manoj Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

Case brief

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Manoj Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko.

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