Allahabad High Court
Ashish Lodhi Rajpoot vs State Of U.P. on 29 September, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- U/S 482/378/407 No. - 2167 of 2020 Applicant :- Ashish Lodhi Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Sharma,Brajendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Virendra Kumar-II,J.
Heard Shri Anil Kumar Sharma, learned counsel for petitioner and learned A.G.A. for the State. They have participated through video conferencing.
Learned counsel for petitioner has submitted that on the basis of confession made before the police by the petitioner in F.I.R. No. 189 of 2020 dated 15.05.2020, under Section 41Cr.P.C./411 I.P.C. on the basis of constructive possession of articles available in a car which was drove by the petitioner. The petitioner has been involved in total 26 cases by the police personnel of Police Station Indira Nagar, District Lucknow. As per the facts narrated in the recovery memo only two mobile phones and cash of Rs.570 was shown to be recovered from the possession of petitioner. The competent courts have already been granted bail to the accused in all 26 cases. The details of the all the 26 cases have been narrated in the grounds of petitioner which are (1) Crime No. 72 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (2) Crime No. 508 of 2019, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (3) Crime No. 188 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Indira Nagar, District Lucknow; (4) Crime No. 128 of 2020, under Sections 380, 457 I.P.C., P.S. Indira Nagar, District Lucknow; (5) Crime No. 190 of 2020, under Sections 188, 271 I.P.C. read with Section 3 of Epidemic Acts and Section 51 of Disaster Management Act, P.S. Indira Nagar, District Lucknow; (6) Crime No. 30 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Indira Nagar, District Lucknow; (7) Crime No. 178 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (8) Crime No. 189 of 2020, under Sections 414, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (9) Crime No. 103 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (10) Crime No. 33 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (11) Crime No. 1064 of 2019, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (12) Crime No. 187 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (13) Crime No. 172 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (14) Crime No. 318 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gazipur, District Lucknow; (15) Crime No. 967 of 2019, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (16) Crime No. 20 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (17) Crime No. 177 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gazipur, District Lucknow; (18) Crime No. 730 of 2019, under Sections 380, 457 I.P.C., P.S. Gudamba, District Lucknow; (19) Crime No. 726 of 2019, under Sections 380, 457, 411 I.P.C., P.S. Gudamba, District Lucknow; (20) Crime No. 71 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gudamba, District Lucknow; (21) Crime No. 101 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (22) Crime No. 18 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (23) Crime No. 67 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (24) Crime No. 70 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (25) Crime No. 193 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; and (26) Crime No. 3 of 2020, under Sections 380, 457, 411, 120-B I.P.C., P.S. Hasanaganj, District Lucknow. He is unable to furnish personal bonds and sureties in bail orders.
Learned counsel for petitioner has relied upon the order dated 29.10.2018 passed in Special Leave to Appeal (Crl.) No. 8914-8915 of 2018 (Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, the order dated 30.09.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 7100 of 2019 (Sonu Nishad Vs. State of U.P.); the order dated 29.04.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 3663 of 2018 (Shamim Vs. State of U.P.); the order dated 01.10.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 7186 of 2019 (Shani Singh @ Amit Kanjar Vs. State of U.P.); the order dated 13.06.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 4465 of 2019 (Pawan Kumar Vs. State of U.P.); the order dated 23.07.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 5147 of 2019 (Shani @ Naveen Rajpoot Vs. State of U.P.); the order dated 04.01.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 4 of 2019 (Ziyauddin Vs. State of U.P.); the order dated 21.09.2017 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 6335 of 2017 (Ashish Kashyap @ Chacha @ Bilkul Vs. State of U.P.); and the order dated 03.09.2020 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 2092 of 2020 (Saheb Alam Vs. State of U.P.).
Learned counsel has submitted that Hon'ble Supreme Court and this Court has permitted the petitioners of these aforesaid cases to file one personal bond and two sureties only and his personal bond and sureties would apply in all the cases pending against them. Likewise, petitioner may also be permitted to file a personal bond and two sureties which would be applicable to all the cases pending against him.
Learned A.G.A. has opposed the petition by submitting that petitioner is a habitual offender and he has committed various offences, therefore, he has been involved in the aforesaid 26 cases. If he would be permitted to file only one personal bond and two sureties, then, there is a possibility of his absconding and tampering with the evidence.
Considering the entire facts and circumstances in the light of above exposition of law of Hon'ble Supreme Court and this Court the petitioner is hereby permitted to file a personal bond and two sureties to the satisfaction of the court concerned, which would be applicable and readover for all the 26 cases pending against him, in which, bail orders have been passed by the competent court. Photocopy of bail bond may be kept on the record of each cases.
With the above observations, this petition is allowed accordingly.
Order Date :- 29.9.2020 Mustaqeem