Allahabad High Court
Ashish Kumar Srivastava Alias Ashish ... vs State Of U.P. Thru. Prin. Secy. Home ... on 21 March, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:25144 Court No. - 27 Case :- APPLICATION U/S 482 No. - 2601 of 2024 Applicant :- Ashish Kumar Srivastava Alias Ashish Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Sanket Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sanket Pandey, the learned counsel for the applicant as well as Sri Rishikesh Verma, the learned Additional Government Advocate and perused the record.
2. 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 31 cases in which the applicant has been granted bail.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in 31 criminal cases and has been granted bail by the learned High Court/courts below, the details of cases are as under :-
(i) Case Crime No. 467 of 2019, under Sections 406 & 420 IPC, Police Station Gazipur, District Lucknow.
(ii) Case Crime No. 480 of 2019, under Section 420 IPC, Police Station Gazipur, District Lucknow.
(iii) Case Crime No. 468 of 2019, under Sections 406 & 420 IPC, Police Station Gazipur, District Lucknow.
(iv) Case Crime No. 426 of 2019, under Section420 IPC, Police Station Gazipur, District Lucknow.
(v) Case Crime No. 300 of 2019, under Sections 406 & 420 IPC, Police Station Gazipur, District Lucknow.
(vi) Case Crime No. 193 of 2019, under Section 406 IPC, Police Station Gazipur, District Lucknow.
(vii) Case Crime No. 652 of 2020, under Sections 406 & 420 IPC, Police Station Gazipur, District Lucknow.
(viii) Case Crime No. 1074 of 2019, under Sections 406 & 420 IPC, Police Station Gazipur, District Lucknow.
(ix) Case Crime No. 131 of 2020, under Section 420 IPC, Police Station Gazipur, District Lucknow.
(x) Case Crime No. 130 of 2020, under Section IPC, Police Station Gazipur, District Lucknow.
(xi) Case Crime No. 1113 of 2018, under Section 406 IPC, Police Station Gazipur, District Lucknow.
(xii) Case Crime No. 381 of 2019, under Sections 419, 420 & 406 IPC, Police Station Gazipur, District Lucknow.
(xiii) Case Crime No. 481 of 2019, under Section 420 IPC, Police Station Gazipur, District Lucknow.
(xiv) Case Crime No. 1148 of 2018, under Section 406 IPC, Police Station Gazipur, District Lucknow.
(xv) Case Crime No. 472 of 2019, under Sections 419, 420 & 406 IPC, Police Station Gomti Nagar, District Lucknow. (xvi) Case Crime No. 578 of 2019, under Sections 420 & 409 IPC, Police Station Gomti Nagar, District Lucknow. (xvii) Case Crime No. 579 of 2019, under Sections 420, 409, 323, 504 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xviii) Case Crime No. 494 of 2019, under Sections 420 & 406 IPC, Police Station Gomti Nagar, District Lucknow. (xix) Case Crime No. 1521 of 2018, under Sections 420, 419. 406 IPC and Section 138 NI Act, Police Station Gomti Nagar, District Lucknow. (xx) Case Crime No. 1542 of 2018, under Sections 419, 420, 406, 504 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xxi) Case Crime No. 159 of 2019, under Sections 419, 420, 406 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xxii) Case Crime No. 307 of 2019, under Sections 420 & 406 IPC, Police Station Gomti Nagar, District Lucknow. (xxiii) Case Crime No. 174 of 2019, under Sections 409, 419, 420, 467, 468, 471 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xxiv) Case Crime No. 156 of 2019, under Sections 420, 406, 419 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xxv) Case Crime No. 802 of 2018, under Sections 419, 420 & 406 IPC, Police Station Gomti Nagar, District Lucknow. (xxvi) Case Crime No. 176 of 2019, under Sections 409, 419, 420, 467, 468, 471 & 506 IPC, Police Station Gomti Nagar, District Lucknow. (xxvii) Case Crime No. 230 of 2019, under Sections 420 & 406 IPC, Police Station Gomti Nagar, District Lucknow.
(xxviii) Case Crime No. 254 of 2019, under Sections 420, 406, 342, 343 & 506 IPC, Police Station Gomti Nagar, District Lucknow.
(xxix) Case Crime No. 101 of 2019, under Sections 406, 420 & 506 IPC, Police Station Gomti Nagar, District Lucknow.
(xxx) Case Crime No. 1191 of 2019, under Sections 420, 419 & 409 IPC, Police Station Gomti Nagar, District Lucknow.
(xxxi) Case Crime No. 184 of 2019, under Sections 420, 419 & 406 IPC, Police Station Gomti Nagar, District Lucknow.
4. 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.
5. 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 two lakh each for release in all the 31 cases.
6. 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.
7. 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. 2,00,000/- each and atleast one of the two sureties will be a local surety which shall be treated to be valid in all the 31 cases wherein the bail orders have been passed.
Order Date :- 21.3.2024 Pradeep/-