Allowed

Danish v. the State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko.

Allahabad HC19 Sept 2024/8386/2024

Case brief

AI extract

What is this about?

Application for bail modification allowing applicant to submit a personal bond and two sureties due to poverty. Court directed trial court to execute a bond of Rs. 20,000 and accept two sureties per case for holding good across multiple registered cases.

What did the court decide?

Directed the Court below to execute a personal bond of Rs. 20,000/- and produce two sureties each in like amount for all cases.

Danish Vs the State of U.P. Thru. Secy. Home Deptt. Govt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64486

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8386 of 2024 Applicant :- Danish Opposite Party :- The State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Lko.

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Counsel for Applicant :- Dharmendra Bahadur Singh 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 has been filed by the applicant to permit him to submit two sureties and one personal bond for all two 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 two 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 Unnao are as follows:-

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(i) Case Crime No.74 of 2024, under section 3/5Ka/8 Cow Slaughter Prevention Act, and section 3/25 Arms Act, at Police Station Ajgain,

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(ii) Case Crime No.61 of 2024, under sections 3/5A/8 Cow Slaughter Act, & section 11 (1) (d) of Prevention of Animals Cruelty Act, at Police Station Behta Mujawar

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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 :- 19.9.2024 Jyoti/-

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

Danish v. the State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko.

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Danish v. the State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Lko.

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