Allowed

Abhishek Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC17 May 2023/4890/2023

Case brief

AI extract

What is this about?

An application under Section 482 CrPC was filed by an applicant detained in jail, praying for relief from the requirement to furnish separate sureties and bonds for fourteen pending criminal cases. Relying on a Supreme Court order, the High Court granted the relief.

What did the court decide?

The applicant directed to furnish one personal bond of Rs. 5,00,000 and two sureties of the like amount, which shall hold valid for all fourteen cases.

Abhishek Upadhyay Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:34389

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4890 of 2023

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Applicant :- Abhishek Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanjai Kumar Pandey,Atul Tripathi,Ratnesh Tripathi,Suresh Kumar Mishra 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 fourteen cases and accept only two sureties and one personal bond in lieu of all the fourteen 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 fourteen cases arising out of following Case Crime Numbers :-

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Case Crime No. 505 of 2008, under sections 409,420,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow.

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Case Crime No. 528 A of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow

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3)Case Crime No. 528 B of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow.

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4)Case Crime No. 528 C of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow.

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5)Case Crime No. 528 D of 2008, under sections

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420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow

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6)Case Crime No. 528 E of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow.

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7)Case Crime No. 528 F of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow

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8)Case Crime No. 528 G of 2008, under sections 420,409,467,468,471,120-B,109 of IPC, PS - Gomti Nagar, District -Lucknow

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9)Case Crime No. 528 H of 2008, under sections 420,409,467,468,471,120-B of IPC, PS - Gomti Nagar, District -Lucknow.

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10)Case Crime No. 528 I of 2008, under sections 420,409,467,468,471,120-B of IPC, PS - Gomti Nagar, District -Lucknow

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11)Case Crime No. 528 J of 2008, under sections 420,409,467,468,471,120-B of IPC, PS - Gomti Nagar, District -Lucknow.

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12)Case Crime No. 528 K of 2008, under sections 420,409,467,468,471,120-B of IPC, PS - Gomti Nagar, District -Lucknow.

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13)Case Crime No. 528 L of 2008, under sections 420,409,467,468,471,120-B of IPC, PS - Gomti Nagar, District -Lucknow

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14)Case Crime No. 528 of 2008, under sections 420,409,467,468,471,120-B 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 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

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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.5,00,000/- 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

Abhishek Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Abhishek Upadhyay v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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