DURGA PRASAD DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/5289/2025 · 2025-07-01
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 143487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143487 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37097 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5289 of 2025 Applicant :- Durga Prasad Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Tirpathi,Surekha Patel Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prateek Raj holding brief of Sri Santosh Kumar Tripathi, learned counsel for the applicant as well as Ms. Kamlesh Kumari, learned AGA for the State and perused the records. 2. The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in ten cases in which the applicant has been granted bail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in ten criminal cases and has been granted bail by the High Court as well as Sessions Court, the details of cases are as under :-
"i. FIR No. 384/2017, under sections 409, 420, 467, 468, 471, 120B IPC, Police Station Alambagh, District Lucknow ii. FIR No. 352/2019, under sections 406, 420 IPC, Police Station: Civil Lines, District Rampur. iii. FIR No. 547/2019, under sections 409, 420, 467, 468, 471, 506, 504, 323, 120B IPC, Police Station: Kotwali, District Bijnor iv. FIR No. 196/2019, under sections 406, 420, 467, 468, 471 120B, 504, 506 IPC, Police Station Colnelganj, Dstrict Kanpur v. FIR No. 261/2021, under sections 409, 420, 467, 468, 471,
323, 504, 506, 120B IPC, Police Station Kotwali, District Bijnor vi. FIR No. 496/2021, under sections 406, 419, 420 467, 468, 471, 504, 506 IPC, Police Station Kotwali, District Fatehpur. vii. FIR No. 505/2021, under sections 406, 420 467, 468, 471 IPC, Police Station Puranpur, District Pilibhit viii. FIR No. 266/2021, under sections 406, 420, 504 IPC, Police Station Sungarhi, District Pilibhit. ix. FIR No. 212/2021, under sections 406, 420, 467, 468, 471 IPC, Police Station Puranpur, District Pilibhit. x. FIR No. 549/2022, under sections 420, 406 IPC, Police Station Sungarhi, District Pilibhit."
4. The learned A.G.A has opposed the application stating that the applicant has a long criminal history and, therefore, he is not entitled to receive any discretionary relief by this Court. 5.
In response to this objection, the learned counsel for the applicant has submitted that the applicant be permitted to submit a personal bond and two sureties for one lakh each for release in all the ten cases. 6. It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018) the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in all the cases. 7. Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond and two sureties of Rs. 1,00,000/- each and atleast one of the two sureties will be a local surety which shall be treated to be valid in all the ten cases wherein the bail orders have been passed. Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench