Rajesh Kumar Adhwani v. State of U.P

Court No. - 91 Case :- APPLICATION U/S 482 No. - 43205 of 2023 Applicant :- Rajesh Kumar Adhwani Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2By means of this application, the applicant has 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 following cases and same on being furnished be treated to be valid in all other 7 cases where bail has been granted to the applicant 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.

¶3Learned counsel for applicant submits that the applicant is facing trial in 8 criminal cases arising out of same allegations of alleged fraud. In all the eight criminal cases applicant has 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.

¶4Learned counsel for applicant submits that the applicant is not a financially strong person and the condition of two sureties each in the like amount in every criminal case would adversely affect him and he prayed that a direction be passed that the sureties of two persons in one of the criminal case shall hold good for all eight 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. Details of nine criminal cases of the applicant are mentioned hereinafter:

(1) Case Crime No.546 of 2020, under sections 420, 406, 467, 468, 471 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(2) Case Crime No.562 of 2020, under sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(3) Case Crime No.563 of 2020, under sections 420, 406, 506 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(4) Case Crime No.564 of 2020, under sections 420, 406, 506 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(5) Case Crime No.565 of 2020, under sections 420, 406 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(6) Case Crime No.570 of 2020, under sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(7) Case Crime No.571 of 2020, under sections 420, 406, 467, 468, 471 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar.

(8) Case Crime No.572 of 2020, under sections 420, 406, 467, 468, 471 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar. This application is disposed of with the direction that the applicant shall file two sureties of Rs.25,000/- each (one surety should be a family member of the applicant) which shall hold good for all the aforesaid cases. Order Date :- 28.11.2023 Shiv High Court of Judicature at Allahabad