Allowed

Shivam Gupta Alias Shubham Alias Lavi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Allahabad HC19 Jan 2024/466/2024

Case brief

AI extract

What is this about?

In this bail application under Section 482 CrPC, the Allahabad High Court addressed the applicant's inability to produce separate sureties in seven cases due to financial constraints. Distinguishing Hani Nishad Vs. State of U.P., the Court exercised its discretion to permit the sureties and bail bond provided in specific anchor cases to extend validity to the other charges against the applicant.

What did the court decide?

The applicant was directed to provide sureties in Case Crime No. 197 of 2023 and Case Crime No. 31 of 2023, the validity of which would extend to all other pending cases listed.

Shivam Gupta Alias Shubham Alias Lavi Vs State of… — Cheating and Forgery | Allahabad HC (2024)

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A.F.R.

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Neutral Citation No. - 2024:AHC-LKO:5592

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 466 of 2024

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Applicant :- Shivam Gupta Alias Shubham Alias Lavi Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Dharm Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the applicant and Sri Arvind Kumar Tripathi, learned AGA for the State.

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2. The present 482 Cr.P.C. application has been filed to direct the learned court below to take one personal bond and only two sureties from the petitioner in all 7 cases mentioned below:

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1. Case Crime No.196 of 2023, u/s 392, 411 IPC, Police Station-Vikas Nagar, District-Lucknow, Bail granted on and surety amount = 23.11.2023, two sureties of Rs.1,00,000/-.

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2. Case Crime No.197 of 2023, u/s 392, 411 IPC, Police Station-Vikas Nagar, District-Lucknow, Bail granted on and surety amount = 23.11.2023, two sureties of Rs.1,00,000/-.

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3. Case Crime No.198 of 2023, u/s 392, 411 IPC, Police Station-Chowk, District-Lucknow, Bail granted on and surety amount = 03.01.2024, two sureties of Rs.1,00,000/-.

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4. Case Crime No.205 of 2023, u/s 392, 411 IPC, Police Station-P.G.I., District-Lucknow, Bail granted on and surety amount = 24.11.2023, two sureties of Rs.1,00,000/-.

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5. Case Crime No.31 of 2023, u/s 392, 411 IPC, Police StationHasanganj, District-Lucknow, Bail granted on and surety amount = 03.01.2024, two sureties of Rs.1,00,000/-.

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6. Case Crime No.253 of 2023, u/s 392, 411 IPC, Police Station-Aliganj, District-Lucknow, Bail granted on and surety amount = 03.01.2024, two sureties of Rs.1,00,000/-.

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7. Case Crime No.133 of 2023, u/s 394 IPC, Police Station-Aliganj, District-Lucknow, Bail granted on and surety amount = 03.01.2024, two sureties of Rs.1,00,000/-

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in which the petitioner has been granted bail by the learned courts below, which this Hon'ble Court may kindly be pleased to fix in the interest of

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justice."

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Contention of learned counsel for the applicant is that the applicant was falsely implicated in seven cases though he was not named in six cases but on his arrest in Case Crime No.197 of 2023, Police Station-Vikas Nagar, District-Lucknow, other cases were also planted on him and further submits that though the bail has been granted to the applicant in all the seven cases but he could not be released from jail because of his poor financial condition, he is unable to provide separate sureties in all seven cases. Therefore, he may be permitted to furnish sureties in one case which may be deemed to be valid in other six cases in view of the law laid down by the Apex Court in Hani Nishad Vs. State of U.P. reported in AIR OnLine 2018 SC 1576 direction may be issued that sureties in one case be held good in other remaining six cases.

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Learned AGA has pointed out that in Hani Nishad's case (supra), this court has not laid down any law for universal application of its observations but that was passed on the basis of special circumstances of that case.

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Considering the facts and circumstances and on perusal of judgement of the Apex Court in Hani Nishad's case (supra), it is clear that the Apex Court did not lay down any law to permit the accused involved in number of cases to provide sureties only in one case to release him in other cases also. Paragraph nos.7 and 8 of the aforesaid judgement are being quoted as below:

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"7. Learned counsel for the petitioner submits that even though the court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties.

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8. Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs.30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs.30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases."

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Therefore, in absence of any law, it is discretion of court on considering facts and circumstances of case including the nature of cases to permit the accused involved in number of cases to provide sureties in one or more cases which will be held good in remaining cases also.

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However, in the present case, it is specifically mentioned that because of poor financial condition of the applicant, he is unable to provide separate sureties in all the cases though he has been granted bail in November, 2023 and January, 2024 in all cases.

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Considering the aforesaid fact and circumstances, this court directs that if the applicant provides sureties in case crime no.197 of 2023, Police Station-Vikas Nagar, DistrictLucknow then same shall be held good in case crime no.196 of 2023, Police Station-Vikas Nagar, DistrictLucknow, in Case Crime No.198 of 2023, Police StationChowk, District-Lucknow, as well as in Case Crime No.205 of 2023, Police Station-P.G.I., District-Lucknow.

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The applicant will also provide sureties and bail bond in case crime no.31 of 2023, Police Station-Hasanganj, District-Lucknow then this sureties and personal bond in this case will hold good in case crime no.253 of 2023, Police Station-Aliganj, District-Lucknow, and in Case Crime No.133 of 2023, Police Station-Aliganj,

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District-Lucknow.

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On executing the sureties and personal bond as directed above, the applicant shall be released on bail.

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With the above observations, the present application is disposed of .

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Order Date :- 19.1.2024

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S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench

Shivam Gupta Alias Shubham Alias Lavi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

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Shivam Gupta Alias Shubham Alias Lavi v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

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