Allowed

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

Allahabad HC21 Sept 2024A482/8501/2024

Case brief

AI extract

What is this about?

Application under s. 482 CrPC filed by Salman to produce two sureties and a personal bond across thirteen criminal cases. Court followed Apex Court precedent to permit one personal bond of Rs. 20,000 and two sureties valid for all thirteen cases to satisfy financial constraints.

What did the court decide?

Directing lower court to execute one personal bond of Rs. 20,000 and produce two sureties each in like amount, valid for all thirteen cases.

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

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Neutral Citation No. - 2024:AHC-LKO:65359

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8501 of 2024

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Applicant :- Salman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vishwa Nath Singh,Shiv Kumar Yadav 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 personal bond in all thirteen 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 thirteen 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-Bahraich are as follows:-

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Case Crime No. 338/2022, Under Section-379, 411 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 381/2022, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 64/2023, Under Section-379, 411 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 89/2023, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali in which Dehat, DistrictBahraich

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Case Crime No. 149/2023, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 162/2023, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich

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Case Crime No. 164/2023, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 185/2023, Under Section-379, 411 of I.P.C. pertaining to Police Station-Kotwali Nagar, District-Bahraich.

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Case Crime No. 202/2023, Under Section-379 of I.P.C. pertaining to Police Station-Kotwali Dehat, District-Bahraich.

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Case Crime No. 213/2023, Under Section-379, 411 of I.P.C. pertaining to Police Station-Kotwali Dehat, District-Bahraich

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Case Crime No. 273/2023, Under Section-411, 413, 419, 420, 467, 468 & 471 of I.P.C. pertaining to Police StationRamgaon, District- Bahraich.

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Case Crime No. 287/2023, Under Section-379, 411 of I.P.C. pertaining to Police Station-Kotwali Dehat, District-Bahraich.

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Case Crime No. 306/2023, Under Section-411, 413, 419, 420, 467, 468, 471 of I.P.C. pertaining to Police StationKotwali Dehat, District-Bahraich.

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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 :- 21.9.2024 Vinay/-

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

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

Case brief

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

Case brief

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