Disposed

Devendra @ Khaleefa v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC5 Nov 2024/9834/2024

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What is this about?

The High Court disposed of a bail application under Section 482 Cr.P.C., directing the lower court to accept a personal bond of Rs. 20,000 and two sureties for all five pending criminal cases against the applicant, relying on the Hani Nishad judgment.

What did the court decide?

Direction to the lower court to accept a personal bond of Rs. 20,000 and two sureties in one case for all five pending cases.

Devendra @ Khaleefa Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72876

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9834 of 2024 Applicant :- Devendra @ Khaleefa Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dharmendra Kumar,Surendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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

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The present application under Section 482 Cr.P.C. has been preferred for a direction being issued to concerned court below to accept a personal bond and two sureties in all five cases being Case Crime No.256 of 2021 under Section 401 iPC, Case Crime No.215 of 2021 under Sections 380, 411 IPC; Case Crime No.225 of 2021 under Sections 356, 380, 411 IPC., Case Crime No.242 of 2021 under Section 379 IPC and Case crime No.8 of 2022 under Section 2/3 U.P. Gangster and anti Social Activitis (Prevention) Act, 1986, pertaining to same Police Station GRP Charbagh, District Lucknow.

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Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in five 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.

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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. has no objection.

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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 of the 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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The application stands disposed of.

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Order Date :- 5.11.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Devendra @ Khaleefa v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Devendra @ Khaleefa v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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