Court No. - 68
Case :- APPLICATION U/S 482 No. - 14275 of 2021 Applicant :- Sanjeev Gupta @ Sanjeev Kumar Gupta And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard, Sri Manoj Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire proceedings of Case No. Nil of 2021 (State Vs. Sanjeev Gupta and others), under Sections 107/116 of Cr.P.C., Police Station Sinduriya, District Maharajganj, as well as quash impugned order/notice dated 17.06.2021 passed by the Sub Divisional Magistrate, Nichlaul, Maharajganj in the aforesaid case.
Learned counsel for the applicants submitted that on 17.06.2021 the Sub Divisional Magistrate, Nichlaul, Maharajganj directed the applicants to furnish a personal bond of Rs.2,50,000/- each and two reliable sureties each of the like amount to the satisfaction of the court concerned. Learned counsel for the applicant submits that applicants are family members and the amount of personal bonds and sureties is highly excessive according to the provision of Section 117 (b) of the Code Of Criminal Procedure, 1973 and the order of the Magistrate concerned is illegal and abuse of process of law.
Learned A.G.A. has also supported the submission of the prosecution.
In view of the above, the amount is reduced to Rs. 20,000/- and two sureties for each applicants interest of justice will be better served and the applicants will be able to get themselves released in furtherance of the order of the Sub Divisional Magistrate, Nichlaul, Maharajganj.
The application is allowed and the amount of personal bonds and surety bonds to be furnished by applicants in furtherance of impugned order dated 17.06.2021 is reduced to Rs.20,000/- for each applicants.
Order Date :- 29.10.2021 Ishan