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Praveen Kumar @ Bhola v. State of U.P. Thru. Secy. Home Deptt. Lko

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
14 March 2024
Bench
Ajay Bhanotauthor
Case no.
2428/2024

Judgment

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2428 of 2024 Applicant :- Praveen Kumar @ Bhola Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Fakhruddin Ali Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Fakhruddin Ali Ahmad, learned counsel for the applicant and Shri Girjesh Kumar Dwivedi, learned A.G.A. for the State. The applicant is aggrieved by the excessive sureties fixed by the learned trial court while granting bail on

20.01.2024 in Criminal Misc. Bail Application No.67 of 2024 (Praveen Kumar @ Bhola v. State of U.P.). The perusal of the order dated 20.01.2024 shows that it has been passed in a mechanical manner. There is no reflection on the socioeconomic status of the applicant or independent application of mind as envisaged by this Court on 21.03.2023 in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh (supra). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties which are unrelated to the socioeconomic status of the applicant. The Application U/S 482 is disposed of finally. Order Date :- 14.3.2024 Ashish Tripathi 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.