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2024 Supreme(All) 1705
IN THE HIGH COURT OF ALLAHABAD
Sanjay Kumar Pachori, J.
Rizwan Atta @ Samir – Applicant
Versus
State of U.P. – Opposite Party
Application U/S 482 No. - 30074 of 2024
Decided On : 22-11-2024
Advocate Appeared:
For the Applicant : Prateek Sinha
For the Opposite Party : G.A.
IMPORTANT POINT
The court can grant bail based on personal bonds when the applicant demonstrates financial hardship and has previously been granted bail in related cases.
Headnote:
(A) Criminal Procedure Code, 1973 - Section 482 - Bail application - The applicant sought release in ten cases across various police stations in Kanpur Nagar, citing inability to provide sureties - The court directed release on personal bond of Rs.50,000/- and two sureties of like amount - The applicant had previously been granted bail in five cases by the Sessions Court and one by a co-ordinate Bench. (Paras 2, 3, 4)
(B) Bail - Considerations for granting bail - The court considered the applicant's financial status and previous bail grants in determining the appropriateness of the current bail request. (Paras 3, 4)
JUDGMENT :
Sanjay Kumar Pachori, J.
1. Heard Sri Prateek Sinha, learned counsel for the applicant and learned AGA for the State and perused the materials available on record.
2. The present application u/s 482 Cr.P.C. has been filed with a prayer to issue a direction to the trial court to release the applicant in ten cases; which are as
| (i) | Case Crime No. 31 of 2021, | under Sections 3/25 of Arms Act, | Police Station Rial Bazar, District Kanpur Nagar; |
| (ii) | Case Crime No. 881 of 2020, | under Sections 457, 380 and 411 of IPC, | Police Station Chakeri, District Kanpur Nagar; |
| (iii) | Case Crime No. 56 of 2021, | under Sections 457, 380 and 411 of IPC, | Police Station Chakeri, District Kanpur Nagar; |
| (iv) | Case Crime No. 678 of 2018, | under Sections 3(1) of Gangster Act, | Police Station G.R.P., District Kanpur Nagar; |
| (v) | Case Crime No. 316 of 2020, | under Sections 419, 420, 467, 468, 471, 120-B of IPC, | Police Station Kotwali, District Kanpur Nagar; |
| (vi) | Case Crime No. 32 of 2021, | under Sections 420, 467, 468, 471 of IPC, | Police Station Rail Bazar, District Kanpur Nagar, |
| after submitting personal bond and two sureties. | |||
3. Learned counsel for the applicant submitted that last bail order in favour of the applicant is passed on 16.07.2024. It is further submitted that the applicant is a poor person. Applicant has no means to submit sureties as ordered in bail orders. It is further submitted that all the cases are different police stations of district Kanpur Nagar. It is further submitted that two cases are related to Police Station Chakeri, one case is related to Police Station G.R.P., two cases are related to Police Station Rail Bazar and one case is related to Police Station Kotwali of district Knapur Nagar. It is further submitted that applicant has been granted bail in five cases by concerned Sessions Court, Kanpur Nagar and in one case bail has been granted by the co-ordinate Bench of this Court.
4. In view of the above facts and circumstances, the concerned Magistrate is directed to release the applicant in all six cases related to the aforesaid police stations of District District Kanpur Nagar on the basis of personal bond of Rs.50,000/-and two sureties of like amount to the satisfaction of court concerned.
5. The instant application u/s 482 Cr.P.C. stands disposed of.
