Durga Prasad Dubey Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Durga Prasad Dubey Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with a direction that the applicant furnish a personal bond and two sureties of Rs. 1,00,000/- each, at least one a local surety, to be treated valid in all the ten cases in which bail orders have been passed.

Issue for consideration

Whether the applicant, who has been granted bail in ten criminal cases, may be permitted to submit a personal bond and two sureties in one case which should be sufficient (treated valid) in all ten cases. +1 more

Court's answer

Considering the Apex Court's order of 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh (wherein personal bonds and sureties of heavy amount were permitted to hold good in all cases), the Court disposed of the petition and directed the applicant to furnish a personal bond and two sureties of Rs. 1,00,000/- each, at least one of the two sureties being a local surety, which shall be treated to be valid in all the ten cases wherein bail orders have been passed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 15), Hon'ble Subhash Vidyarthi, J. — Application U/S 482 No. 5289 of 2025 (neutral citation 2025:AHC-LKO:37097), Order Date 1.7.2025. Applicant Durga Prasad Dubey, stated to have been falsely implicated in ten criminal cases and granted bail by the High Court as well as Sessions Court (FIR Nos.: 384/2017 PS Alambagh, Lucknow; 352/2019 PS Civil Lines, Rampur; 547/2019 PS Kotwali, Bijnor; 196/2019 PS Colnelganj, Kanpur; 261/2021 PS Kotwali, Bijnor; 496/2021 PS Kotwali, Fatehpur; 505/2021 PS Puranpur, Pilibhit; 266/2021 PS Sungarhi, Pilibhit; 212/2021 PS Puranpur, Pilibhit; 549/2022 PS Sungarhi, Pilibhit — chiefly under IPC sections 406, 409, 419, 420, 467, 468, 471, 504, 506, 323 and 120B), moved the Court under Section 482 Cr.P.C. for permission to submit one personal bond and two sureties in a single case to be treated sufficient in all ten cases. The learned A.G.A. opposed, urging the applicant's long criminal history. Following the Hon'ble Apex Court's order dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh (SLP (Crl.) No.8914-8915/2018), where personal bonds and sureties of heavy amount were permitted to hold good in all cases, the petition was DISPOSED OF with a direction to furnish a personal bond and two sureties of Rs. 1,00,000/- each, at least one being a local surety, valid in all ten cases.

Neutral Citation No. - 2025:AHC-LKO:37097

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5289 of 2025

Applicant :- Durga Prasad Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Tirpathi,Surekha Patel

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Prateek Raj holding brief of Sri Santosh Kumar Tripathi, learned counsel for the applicant as well as Ms. Kamlesh Kumari, learned AGA for the State and perused the records.

The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in ten cases in which the applicant has been granted bail.

Learned counsel for the applicant submits that the applicant has been falsely implicated in ten criminal cases and has been granted bail by the High Court as well as Sessions Court, the details of cases are as under :-

"i. FIR No. 384/2017, under sections 409, 420, 467, 468, 471, 120B IPC, Police Station Alambagh, District Lucknow

ii. FIR No. 352/2019, under sections 406, 420 IPC, Police Station: Civil Lines, District Rampur.

iii. FIR No. 547/2019, under sections 409, 420, 467, 468, 471, 506, 504, 323, 120B IPC, Police Station: Kotwali, District Bijnor

iv. FIR No. 196/2019, under sections 406, 420, 467, 468, 471 120B, 504, 506 IPC, Police Station Colnelganj, Dstrict Kanpur

v. FIR No. 261/2021, under sections 409, 420, 467, 468, 471,

323, 504, 506, 120B IPC, Police Station Kotwali, District Bijnor

vi. FIR No. 496/2021, under sections 406, 419, 420 467, 468, 471, 504, 506 IPC, Police Station Kotwali, District Fatehpur.

vii. FIR No. 505/2021, under sections 406, 420 467, 468, 471 IPC, Police Station Puranpur, District Pilibhit

viii. FIR No. 266/2021, under sections 406, 420, 504 IPC, Police Station Sungarhi, District Pilibhit.

ix. FIR No. 212/2021, under sections 406, 420, 467, 468, 471 IPC, Police Station Puranpur, District Pilibhit.

x. FIR No. 549/2022, under sections 420, 406 IPC, Police Station Sungarhi, District Pilibhit."

The learned A.G.A has opposed the application stating that the applicant has a long criminal history and, therefore, he is not entitled to receive any discretionary relief by this Court.

In response to this objection, the learned counsel for the applicant has submitted that the applicant be permitted to submit a personal bond and two sureties for one lakh each for release in all the ten cases.

It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018) the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in all the cases.

Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond and two sureties of Rs. 1,00,000/- each and atleast one of the two sureties will be a local surety which shall be treated to be valid in all the ten cases wherein the bail orders have been passed. Order Date :- 1.7.2025

Pradeep/-

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