Dismissed

Vivek Yadav @ Sumit @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC4 Oct 2024A482/9160/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. invoking Section 528 BNSS. Appellant sought allow submission of personal bond and two sureties of Rs. 20,000 for multiple pending cases instead of higher amounts, relying on apex court guidelines to courts regarding financial conditions for bail.

What did the court decide?

Application disposed of by directing trial court to accept personal bond of Rs. 20,000 and two sureties in each case, valid for all pending cases.

Vivek Yadav @ Sumit @ Sonu vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:68962

¶2

Court No. - 13

¶3

Case :- APPLICATION U/S 482 No. - 9160 of 2024 Applicant :- Vivek Yadav @ Sumit @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Kumar Maurya,Vikas Maurya Counsel for Opposite Party :- G.A.

¶4

Hon'ble Saurabh Lavania,J.

¶5

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

¶6

The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") 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.

¶7

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the trial court. 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- Lucknow are as follows:-

¶8

(i) Case crime No. 140/2024, Under Section- 379, 411 IPC, Police Station- Krishna Nagar, District-Lucknow.

¶9

(ii)Case crime No. 139/2024, Under Section- 394, 411 IPC, Police Station- Gomti Nagar, District-Lucknow.

¶10

Learned counsel for the applicants 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

¶11

Vs. State of U.P.

¶12

Learned A.G.A. submits that he does not want to file any counter affidavit.

¶13

In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C./Section 528 BNSS 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 trial Court 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.

¶14

Order Date :- 4.10.2024 Mohit Singh/-

¶15

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vivek Yadav @ Sumit @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Vivek Yadav @ Sumit @ Sonu v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Deenanath Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Ram Sajeewan and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Sanjay Sharma and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Rajesh Kumar Srivastava vs Additional District Judge /Special Judge P.C. Act Court No. 5, Lucknow and 8 Others

Neeraj Agrawal vs State of U.P. Thru. Prin. Secy. Home Lko

Ajay Sahu vs State of U.P. Thru. Prin. Secy. Home Lko.