Disposed

Anil v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC27 Aug 2024/7449/2024

Case brief

AI extract

What is this about?

Anil filed an Application under Section 482 Cr.P.C./Section 528 BNSS seeking to substitute seven separate bail sureties with a single personal bond of Rs. 20,000 and two sureties in one case for the rest. The Apex Court precedent was applied to dispose of the matter.

What did the court decide?

Directed to execute a personal bond of Rs. 20000 with two sureties in one case, which shall hold good for the rest of the cases.

Anil Vs State of U.P. Thru. Prin. Secy. Deptt. of… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57864

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7449 of 2024

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Applicant :- Anil

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vivek Kumar Divedi,Km. Komal Sharma

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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./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and personal bond in all seven cases in which he was roped only one arrest and applicant has been granted bail in all cases by the competent courts.

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Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the competent courts. He says that the applicant is a 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 at District-Raebareli are as follows:-

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(1) In FIR No. 616/2023 u/s 457, 380, 411, IPC, P.S. Bhadokhar.

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(2) In FIR No. 504/2023 u/s 380, 411 IPC, P.S. Bhadokhar.

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(3) In FIR No. 647/2023 u/s 457, 380, 411, IPC, P.S. Gurbuxganj.

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(4) In FIR No. 649/2023 u/s 457, 380, 411, IPC, P.S. Gurbuxganj.

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(5) In FIR No. 660/2023 u/s 457, 380, 411, IPC, P.S. Gurbuxganj.

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(6) In FIR No. 333/2023 u/s 457, 380, 411, IPC, P.S. Sareni.

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(7) In FIR No. 110/2024 u/s 2/3 of U.P Gangsters and Anti Social Activities (Prevention) Act 1986 P.S. Bhadokhar.

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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 :- 27.8.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Anil v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Anil v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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