Allowed

Rakesh Gupta v. State of U.P. Thru. Prin.Secy. Home

Allahabad HC8 Apr 2024/3189/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant challenged the requirement to file separate surety bonds in twenty criminal cases. The bench directed the trial court to accept one personal bond and two sureties in one case, applicable to all others, relying on the Hani Nishad Supreme Court judgment.

What did the court decide?

Direction to the learned trial court to accept one personal bond and two sureties in one case, holding good for all other nineteen cases.

Rakesh Gupta Vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28585

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Court No. - 27 Case :- APPLICATION U/S 482 No. - 3189 of 2024 Applicant :- Rakesh Gupta Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Amit Srivastava, learned counsel for the applicant and the learned A.G.A. for the state and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned trial court not to insist the applicant to file separate surety bonds in each and every twenty cases and accept only two sureties.

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It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in twenty criminal cases and has been granted bail by the learned courts below in all these cases. Details of all these cases are as under ;-

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i. Case Crime No. 916/2021, U/s 3(1) of U.P. Gangster & AntiSocial Activities (Prevention) Act, 1986, P.S. Gomti Nagar, Lucknow.

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Bail of applicant was granted on 15.03.2024

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ii. Case Crime No. 717/2020, U/s 420, 409, 323, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 13.10.2023

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iii. Case Crime No. 735/2020, U/s 420, 409, 504, 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 22.09.2023

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iv. Case Crime No. 762/2020, U/s 420, 409, IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 13.10.2023

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v. Case Crime No. 784/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 13.10.2023

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vi. Case Crime No. 792/2020, U/s 420, 409, 504 & 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 16.12.2023

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vii. Case Crime No. 809/2020, U/s 420, 409 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 18.01.2022

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viii. Case Crime No. 839/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 08.11.2023

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ix. Case Crime No. 841/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 03.11.2023

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x. Case Crime No. 842/2020, U/s 420, 409, 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 03.11.2023

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xi. Case Crime No. 843/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 21.10.2021

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xii. Case Crime No. 844/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 03.11.2023

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xiii. Case Crime No. 845/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 13.10.2023

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xiv. Case Crime No. 859/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 08.11.2023

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xv. Case Crime No. 873/2020, U/s 420, 409, 504, 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 03.11.2023

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xvi. Case Crime No. 874/2020, U/s 420, 409, 504, 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 13.07.2023

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xvii. Case Crime No. 837/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 06.10.2023

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xviii. Case Crime No. 857/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 21.02.2022

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xix. Case Crime No. 858/2020, U/s 420, 409, 504 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 08.11.2023

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xx. Case Crime No. 48/2021, U/s 420, 409, 504, 506 IPC, P.S. Gomti Nagar, Lucknow

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Bail of applicant was granted on 03.11.2023

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It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 40 persons for surety before the learned trial court.

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The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

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A prayer has been made by the learned counsel for the applicant that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

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This application is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one of the aforesaid criminal cases against the applicant and such personal bond and sureties shall hold good in all the other 19 cases in which the applicant has been granted bail.

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The application is, accordingly, disposed of.

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( Shamim Ahmed, J. )

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Order Date :- 8.4.2024/A.Nigam

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

Rakesh Gupta v. State of U.P. Thru. Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Rakesh Gupta v. State of U.P. Thru. Prin.Secy. Home

Case brief

What is this about?

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