The High Court, in criminal miscellaneous application, reduced the personal bond and surety requirements from Rs. 50 lakhs to Rs. 10 lakhs for vehicle release deemed excessive by the applicant.
The personal bond and surety amounts required for vehicle release were reduced from Rs. 50 lakhs each to Rs. 10 lakhs each.
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Neutral Citation No. - 2024:AHC:114982
Court No. - 77
Case :- APPLICATION U/S 482 No. - 7783 of 2024
Applicant :- Uday Singh Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar Sinha,Deepali Srivastava Sinha Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the condition imposed in the impugned order dated 13.02.2024 passed by Additional District & Sessions Judge, Room No.-1, Prayagraj in the Session Trial Number 402 of 2023, State Versus Mukesh Bhartiya, U/s 279, 338, 304 (Pat-II), 504, 506, 427 I.P.C., P.S.- Dhoomanganj (Annexure No. 1) passed on Vehicle Release Application Paper No. 6B dated 02.11.2023 of the applicant (Annexure No. 7) during pendency of instant application before this Hon'ble Court.
It is further prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 13.02.2024 passed by Additional District & Sessions Judge, Room No.-1, Prayagraj in the Session Trial Number 402 of 2023, State Versus Mukesh Bhartiya, U/s 279, 338, 304 (Pat-II), 504, 506, 427 I.P.C., P.S.Dhoomanganj (Annexure No. 1) passed on Vehicle Release Application Paper No. 6B dated 02.11.2023 of the applicant
(Annexure No. 7) wherever it's relates to the imposition of unreasonable and exorbitant condition to this effect that vehicle release only after applicant furnished personal bond of Rs.50,00,000/- (Rs. Fifty Lacs) along with bond of similar amount's personal property and two sureties of similar amount and or pass such any or further order which this Hon'ble Court deem fit and proper in the circumstances of the case."
amount. The rest of the conditions in the said order shall remain unaffected and the applicant shall comply with the same as have been ordered by the order impugned herein.
(Samit Gopal,J.)
Order Date :- 19.7.2024 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the excessive personal bond conditions imposed for vehicle release by the Sessions Judge can be reduced to a reasonable amount.
1 provisions across 1 enactments
Uday Singh Yadav
State Of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
