RAMU v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.
A482/986/2025 · 2025-02-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121510 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7388 Court No. - 12 Case :- APPLICATION U/S 482 No. - 986 of 2025 Applicant :- Ramu Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manjeet Singh,Amrendra Bakhsha Das 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 for the following main relief:-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to invoke its inherent powers Under Section 482 Cr.P.C. and direct the learned courts below concerned to accept sureties in one case and release the applicant/petitioner in all other criminal cases on furnishing personal bond, as per the bail orders annexed as Annexure No. 1, 2 and 3 to this petition or to pass such other or further order, which, under the facts and circumstances of the case, the Hon'ble Court may deem fit just and proper, with a view to prevent the abuse of process of court and otherwise to secure the ends of justice and allow this petition with cost."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in three 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 as follows:- (i) Case Crime No. 187 of 2022, under Section 395, 412 I.P.C., P.S.- Gudamba, District- Lucknow. (ii) Case Crime No. 188 of 2022, under Section 399, 402 I.P.C., P.S.- Gudamba, District- Lucknow. (iii) Case Crime No. 422 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S.- Gudamba, District- Lucknow.
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 :- 5.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench