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Smt. Gaytri Shukla v. State of U.P Thru. Prin. Secy. Deptt. of Home, Civil Secrt. Lko

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
30 November 2023
Bench
Saurabh Lavaniaauthor
Case no.
11661/2023

Judgment

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11661 of 2023 Applicant :- Smt. Gaytri Shukla Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Of Home, Civil Secrt. Lko. Counsel for Applicant :- Sachindra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material on record. The instant application under Section 482 Cr.P.C. has been filed by the applicant to permit him to file single set of sureties in all three cases in which he was roped. On being confronted, learned counsel for the applicant submitted that the present application has been filed only for the cases pending at District-Lucknow and the applicant would prefer separate application for the case(s) pending at District-Barabanki, if required. As regards the cases pending at District-Lucknow i.e. Case Crime No. 343 of 2021, under Sections-406, 420, 467, 468, 471, 506, 120-B IPC, Police Station-P.G.I., District-Lucknow, Case Crime No. 20 of 2022, under Sections-409, 420, 467, 468, 471, 120-B, 34 IPC, Police Station-P.G.I., District-Lucknow and Case Crime No. 517 of 2021, under Sections-406, 420, 467, 468, 471, 504, 506 IPC, Police Station-P.G.I., District-Lucknow, the submission of applicant's counsel is that the applicant is innocent and she has falsely been implicated in the said cases. He next submitted that in all the cases, the applicant has been granted bail. He further says that the applicant is not in a position to furnish huge sureties for all the cases in compliance of bail orders. Learned counsel for the applicant has relied upon the judgment of the Hon'ble 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 concerned 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 :- 30.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.