In an application under Section 482 Cr.P.C., the High Court allowed the applicant to furnish one bond and two sureties instead of ten, applying a Supreme Court precedent.
Allowed the applicant to furnish one personal bond and two sureties in lieu of ten, valid for five cases listed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:39032
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4719 of 2024
Applicant :- Rahul Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State and also perused the record.
Learned counsel for the applicant submits that the applicant has been released on bail in following cases:-
1.Case Crime No.418 of 2023 under section 379 I.P.C., P.S. Mankapur, district Gonda.
2.Case Crime No.582 of 2023 under sections 379, 411 I.P.C., P.S. Mankapur, district Gonda.
3.Case Crime No.599 of 2023 under sections 379, 411 I.P.C., P.S. Mankapur, district Gonda.
4.Case Crime No.600 of 2023 under sections 379, 411 I.P.C., P.S. Mankapur, district Gonda.
5.Case Crime No.601 of 2023 under sections 411, 413, 419, 420, 467, 468, 471 I.P.C., P.S. Mankapur, district Gonda.
Learned counsel for the applicant submits that due to poor financial condition, the applicant is not in a position to manage 10 sureties in all five cases.
As such, he seeks the benefit of judgment passed by Hon'be Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P." passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018.
Considering the aforesaid, it is provided that the applicant may furnish a personal bond of Rupees one lac and two sureties each of the like amount, which shall be treated to be valid in all other cases above mentioned in which the bail orders have been passed.
With these observations this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 23.5.2024/kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
Colour shows how this judgement treated each authority
Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P.Applied¶14
Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P.
Rahul Tiwari
State Of U.P.
Karunesh Singh Pawar
Krishna Kumar Baranwal
As recorded by the court registry
2 orders share this CNR
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