Poonam Pandey v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11460 of 2023 Applicant :- Poonam Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to directing the Learned Court below not to insist the petitioner to file separate Surety bonds in each and every six cases and accept only one surety in lieu of all the above mentioned six cases, in the interest of justice." Learned counsel for the applicant submits that the applicant is innocent and she has not committed any offence and she has been implicated in 6 cases. He next submitted that in all the offences which have been registered against the applicant, she has been granted bail. He says that the applicant is not in a position to furnish huge sureties for all the cases in compliance of bail orders. It is further submitted that the applicant granted bail in 6 cases registered at District Barabanki, details of which are as follows:

(i) Case Crime No. 851 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act.

(ii) Case Crime No. 429 of 2022, under Sections 419, 420, 467, 468, 471, 34 I.P.C.

(iii) Case Crime No. 933 of 2022, under Sections 419, 420, 467, 468, 471, 120B I.P.C.

(iv) Case Crime No. 932 of 2022, under Sections 419, 420, 467, 468, 471, 120B I.P.C.

(v) Case Crime No. 931 of 2022, under Sections 419, 420, 467, 468, 471, 120B I.P.C.

(vi) Case Crime No. 927 of 2022, under Sections 419, 420, 467, 468, 471, 120B I.P.C. Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Learned A.G.A. submits that he does not want to file any counter affidavit. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. Order Date :- 23.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench