Allahabad High Court
Lalpankhi Devi And 3 Others vs State Of U.P. And Another on 6 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:192529 Court No. - 91 Case :- APPLICATION U/S 482 No. - 35625 of 2023 Applicant :- Lalpankhi Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. By means of this application, the applicants have prayed to direct the court below to accept a personal bond and two sureties in one case to the satisfaction of the court concerned in anyone of the aforesaid case and same on being furnished be treated to be valid in all other cases where bail has been granted to the applicants in view of the law laid down by Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of U.P. in Special Leave to Appeal No.8914-8915 decided on 31.10.2013.
3. Learned counsel for applicant submits that the applicants are facing trial in other criminal cases arising out of same allegations. In all the other criminal cases applicants have been granted bail with the direction to furnish personal bonds and two sureties of each amount to the satisfaction of the court concerned along with other conditions.
4. Learned counsel for applicants submits that the applicants are not financially strong persons and the condition of two sureties each in the like amount in every criminal case would adversely affect them and they prayed that a direction be passed that the sureties of two persons in one of the criminal case shall hold good for all other cases and he has placed reliance on Application under Section 482 Cr.P.C. No.8038 of 2022, Mahesh Dayal Vs. State of State of U.P. which was disposed of vide order dated 30.8.2022.
5. Details of criminal cases of the applicants are mentioned hereinafter:
(1) Case Crime No.102 of 2023, under sections 457, 380, 34, 411, 413, 414, 120B I.P.C., Police Station- Dullahpur, District- Ghazipur.
(2) Case Crime No.105 of 2023, under sections 457, 380, 34, 411, 413, 414, 120B I.P.C., Police Station- Dullahpur, District- Ghazipur.
(3) Case Crime No.107 of 2023, under sections 457, 380, 34, 411, 413, 414, 120B I.P.C., Police Station- Dullahpur, District- Ghazipur.
(4) Case Crime No.108 of 2023, under sections 457, 380, 34, 411, 413, 414, 120B I.P.C., Police Station- Dullahpur, District- Ghazipur.
(5) Case Crime No.144 of 2023, under sections 457, 380, 411, 120B I.P.C., Police Station- Jamaniya, District- Ghazipur.
(6) Case Crime No.153 of 2023, under sections 457, 380, 411, 120B I.P.C., Police Station- Jamaniya, District- Ghazipur.
(7) Case Crime No.101 of 2023, under sections 457, 380, 411 I.P.C., Police Station- Nandganj, District- Ghazipur.
Details of criminal cases of the applicant no.2 including aforesaid cases are mentioned hereinafter :-
(1) Case Crime No.177 of 2023, under sections 457, 380, 511 I.P.C., Police Station- Saidpur, District- Ghazipur.
(2) Case Crime No.196 of 2023, under sections 457, 380 I.P.C., Police Station- Sarailakhansi, District- Mau.
(3) Case Crime No.182 of 2023, under sections 457, 380 I.P.C., Police Station- Sarailakhansi, District- Mau (4) Case Crime No.109 of 2023, under section 3/25 Arms Act, Police Station- Dullahpur, District- Ghazipur.
6. This application is disposed of with the direction that the applicants shall file two sureties of Rs.25,000/- each (one surety should be a family member of the applicants) which shall hold good for all the aforesaid cases.
Order Date :- 6.10.2023 Shiv