Ashish Tiwari vs State Of U.P. Thru. Its Prin. Secy. Home, ... on 22 July, 2024

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Allahabad High Court

Ashish Tiwari vs State Of U.P. Thru. Its Prin. Secy. Home, ... on 22 July, 2024

Bench: Karunesh Singh Pawar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:49222
 
Court No. - 14
 
Case :- APPLICATION U/S 482 No. - 3397 of 2024
 

 
Applicant :- Ashish Tiwari
 
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko.
 
Counsel for Applicant :- Vivek Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

(Application No.1 of 2024) This Court, vide order dated 12.4.2024 has disposed of the petition with certain directions. The order is reproduced as below :

"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 personnel bond to be released in all four 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 four cases. The applicant is a very poor person as such he is not able to produce 8 sureties before the trial court. The details of the cases are as under:-

" 1. Case Crime No. 487/2020, U/s-409, 419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station Kotwali Nagar, District Faizabad/ Ayodhya.

2. Case Crime No. 237/2020, u/s-406, 419, 420, 467, 468, 471, 504, 506, 34 I.P.C., Police Station Kumarganj, District Faizabad/ Ayodhya.

3. Case Crime No. 62/2021, under Sections 34, 420, 467, 468, 471, 504, 506 IPC, Police Station :Kumarganj, District : Ayodhya.

4. Case Crime No. 665/2020, U/s-406, 419, 420, 506 I.P.C., Police Station : Kotwali, District : Ayodhya

5.Case Crime No.563/2020, U/S- 419, 420, 467, 468, 471, 406, 506, 120B I.P.C., Police Station : Kotwali Nagar, District Faizabad/Ayodhya.

6. Case Crime No. 348/2020, u/s- 406, 420, 467, 468, 471, 419 I.P.C., Police Station :Mawai District : Ayodhya.

7. Case Crime No. 451/2020, u/s- 409, 419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station:Kotwali Nagar, District : Faizabad/ Ayodhya.

8. Case Crime No. 206/2021,u/s 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kumarganj, District : Ayodhya.

9. Case Crime No. 537/2020, U/s-409, 419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station Kotwali Nagar, District :Faizabad/ Ayodhya.

10. Case Crime No. 62/2020, under Section 409, 419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station :Maharajganj, District Faizabad.

11. Case Crime No. 155/2020, U/s- 409, 419, 420, 467, 468, 471, 506, 120B I.P.C. Police Station :Kumarganj, District Faizabad/ Ayodhya.

12.Case Crime No. 62/2020, u/s-409, 419, 420, 467, 468, 471, 504, 506,120B I.P.C.,Police Station :Kumarganj, District :Faizabad/ Ayodhya.

13. Case Crime No. 450/2020, u/s- 409, 419, 420, 467, 468, 471, 506, 120B I.P.C., Police Station Pura Kalander, District :Faizabad/ Ayodhya.

14. Case Crime No. 61/2021 U/s 420, 467, 468, 471, 506, 34, 504 I.P.C., Police Station :Kumarganj, District :Faizabad/ Ayodhya.

15 Case Crime No. 283/2020, U /s-419, 420, 467, 468, 471 I.P.C.,Police Station: Kumarganj, District Faizabad/ Ayodhya.

16. Case Crime No. 496/2020, U/s-409, 419, 420, 467, 468, 471, 120B I.P.C., Police Station:Pura Kalandar, District :Faizabad/ Ayodhya.

17. Case Crime No. 860/2020, U/S- 406, 419, 420, 467, 468, 471 I.P.C., Police Station :Kotwali Nagar, District :Faizabad/ 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.50,000/- and two sureties of the like amount which shall be treated to be valid in all the four cases, above mentioned, in which the bail orders have been passed.

With these observations, the petition is disposed of.

Learned counsel for the applicant submits that in the second line of third para of the order (supra), in place of four cases, it it should have been 17 cases and in the third line, in place of 8 sureties, 34 sureties should have been transcribed. In the last but one para also, four cases have been typed in place of 17 cases.

In view of the prayer made, it would be appropriate to pass a fresh order, which is given below :

"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 personnel 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:-