Allahabad High Court
Om Shankar Kaushal @ Om Shankar vs State Of U.P. Thru. Prin. Secy. Home ... on 24 April, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:31918 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3078 of 2024 Applicant :- Om Shankar Kaushal @ Om Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the respondent State.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the applicant to file minimum sureties and personal bond to be released in all 17 cases in which he has been granted bail from competent courts.
Learned counsel for the applicant submits that the applicant has been falsely implicated in 17 cases. The applicant is a very poor person as such he is not able to produce 34 sureties before the trial court. The details of the cases are as under:-
"(i) Case Crime No.206 of 2021 under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Kumarganj, Ayodhya.
(ii) Case Crime No.237 of 2020 under Sections 406, 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Kumarganj, Ayodhya.
(iii) Case Crime No.62 of 2021 under Sections 34, 420, 467, 468, 471, 504, 506 IPC, Police Station Kumarganj, Ayodhya.
(iv) Case Crime No.295 of 2020 under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Kumarganj, Ayodhya.
(v) Case Crime No.563 of 2020 under Sections 419, 420, 467, 468, 471, 406, 506, 120B IPC, Police Station Kotwali Nagar, district Faizabad/Ayodhya.
(vi) Case Crime No.285 of 2021 under Sections 406, 420, 467, 468, 471 IPC, Police Station Kumarganj, Ayodhya.
(vii) Case Crime No.451 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Kotwali Nagar, Ayodhya.
(viii) Case Crime No.487 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Kotwali Nagar, Ayodhya.
(ix) Case Crime No.537 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Kotwali Nagar, Ayodhya.
(x) Case Crime No.62 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Maharajganj, Ayodhya.
(xi) Case Crime No.155 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Kumarganj, Ayodhya.
(xii) Case Crime No.62 of 2020 under Sections 409, 419, 420, 467, 468, 471, 504, 506, 120B IPC, Police Station Kotwali Nagar, Ayodhya.
(xiii) Case Crime No.450 of 2020 under Sections 409, 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Pura Kalandar, Ayodhya.
(xiv) Case Crime No.61 of 2021 under Sections 420, 467, 468, 471, 506, 34 IPC, Police Station Kumarganj, Ayodhya.
(xv) Case Crime No.283 of 2020 under Sections 409, 419, 420, 467, 468, 471 IPC, Police Station Kumarganj, Faizabad.
(xvi) Case Crime No.496 of 2020 under Sections 409, 419, 420, 467, 468 IPC, Police Station Pura Kalandar, Ayodhya.
(xvii) Case Crime No.860 of 2020 under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, Ayodhya."
Learned counsel for the applicant seeks benefit of judgment passed by Hon'ble Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P." passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018.
Opposing the prayer of the applicant, learned A.G.A. for the State submits that it is always the discretion and satisfaction of the concerned trial court so far as the acceptance of the surety is concerned.
Considering the aforesaid, it is provided that the petitioner may furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount which shall be treated to be valid in all the 17 cases, above mentioned, in which the bail orders have been passed.
With these observations, the petition is disposed of.
Order Date :- 24.4.2024 kkb/