Rakesh Singh @ Rakesh Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. -15 Case :-APPLICATION U/S 482 No. -12286 of 2023 Applicant :-Rakesh Singh @ Rakesh Kumar Singh Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :-Dharmendra Kumar Counsel for Opposite Party :-G.A. Hon'ble Shamim Ahmed,J. Heard Sri Dharmendra Kumar, learned counsel for the applicant and learned A.G.A. for the state and perused the record. This instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every five cases and as mentioned in the application. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in five criminal cases and has been granted bail by the competent courts, the details of cases are as under ;-

¶1Case Crime No-229 of 2020 under section 406,419,420,467,468,471,504,506,120-B IPC relating to Police Station-Chinhat District-Lucknow.

¶2Case Crime No-284 of 2017 under section 420,406 IPC Relating to Police Station-Indra Nagar District-Lucknow.

¶3Case Crime No-295 of 2017 under sections-420, 406, 447 IPC relating to police station-Indra Nagar District Lucknow.

¶4Case Crime No-775 of 2018 under sections-406,420,504,506 IPC relating to police station-Vibhuti Khand District Lucknow.

¶5Case Crime No-751 of 2019 under sections-419,420,467,468,471 and 120-B IPC relating to police station-Chinhat 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 10 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 five cases in which the applicant has been granted bail. Order Date :- 16.12.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench