Allowed

Vikas Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC22 Aug 2024/7398/2024

Case brief

AI extract

What is this about?

Court disposed of application under Section 482 Cr.P.C. and Section 528 BNSS. Directed lower court to accept a personal bond of Rs. 20,000 and two sureties in one case to cover all seven pending cases, relying on Hani Nishad.

What did the court decide?

Court directed lower court to accept a personal bond of Rs. 20,000 and two sureties in one case to cover all seven cases.

Vikas Yadav Vs State of U.P. Thru. Prin… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57152

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7398 of 2024 Applicant :- Vikas Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Sachidanand Mishra,Jai Prakash Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS"), has been filed by the applicant to permit him to submit two sureties and one personal bond for all seven cases from the applicant and applicant has been granted bail in all cases by the court below.

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Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all seven cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. He says that the applicant is very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant in District Barabanki are as follows:-

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(i) Complaint No. : 30542/2021 Under Section : 138 N.I. Police station : Gomti Nagar

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(ii)Complaint No. : 30774/2021 Under Section : 138 N.I. Act, Police station : Gomti Nagar

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(iii)Complaint No. : 30779/2021 Under Section : 138 N.I. Act, Police station : Gomti Nagar

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(iv)Case crime No. : 779/2016 Under Sections : 420,406, I. P.C.,Police station : Chinhat

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(v) Case crime No. : 530/2016 Under Sections : 419,420,504,506,406, I.P.C.,Police station : Bakshi Ka Talab

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(vi)Case Crime No. : 74/2020 Under Sections :

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406,420,504,506, I.P.C., Police station : Gomti Nagar

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(vii)Case Crime No. : 213/2021 Under Sections : 406,420,506, 120-B, I.P.C., Police station : Gomti Nagar

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Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

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Learned A.G.A. submits that he does not want to file any counter affidavit.

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In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

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Order Date :- 22.8.2024/Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Vikas Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Vikas Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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