Shiva Chaurasiya Alias Jaan v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Court No. -15 Case :-APPLICATION U/S 483 No. -823 of 2023 Applicant :-Shiva Chaurasiya Alias Jaan Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :-Vinay Mishra,Laxmi Shanker Goswami Counsel for Opposite Party :-G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record. This application under Section 483 Cr.P.C. has been filed by the applicant for directing the learned Court below not to insist the applicant to file separate surety bonds in each and every seven cases and accept only two sureties. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in seven criminal cases and has been granted bail by the learned courts below, the details of cases are as under ;-

¶1Case Crime No. 06 of 2023, under Section 3/25 Arms Act, Police Station Para, District Lucknow.

¶2Case Crime No. 516/2022, under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow.

¶3Case Crime No. 606/222, under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow.

¶4Case Crime No. 0527/2022 under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow.

¶5Case Crime No. 0515/2022, under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow.

¶6Case Crime No. 589/2022, under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow.

¶7Case Crime No. 0538/2022, under Sections 457, 380, 411 I.P.C., Police Station Para, District Lucknow. It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 14 persons for surety before the learned trial court. The Hon'ble Supreme Court in special leave to appeal Criminal No.8914-8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties. A prayer has been made by the learned counsel for the applicant that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra). This application is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in all the other seven cases in which the applicant has been granted bail. The application is, accordingly, disposed of. Order Date :- 16.12.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench