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2025 DAILYLAW 114792 (ALL)

DHARMENDRA PRAJAPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO

/99/2025 · 2025-01-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1230 Court No. - 12 Case :- APPLICATION U/S 482 No. - 99 of 2025 Applicant :- Dharmendra Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Sudhir Kumar,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant seeking following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly by pleased to direct Learned Court Below, District: Lucknow not to insist the Applicant to file separate surety bonds in each and every Fifty Two (52) case and accept only one surety in lieu of all the above mentioned Fifty Two (52) cases in the interest of Justice." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 52 cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant at District Lucknow are mentioned in paragraph 7 of the instant application. 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 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. 20,000/- 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 :- 8.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench