LAWS(ALL)-2020-9-93

ASHISH LODHI RAJPOOT Vs. STATE OF U.P.

Decided On September 29, 2020
Ashish Lodhi Rajpoot Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Anil Kumar Sharma, learned counsel for petitioner and learned A.G.A. for the State. They have participated through video conferencing.

(2.) Learned counsel for petitioner has submitted that on the basis of confession made before the police by the petitioner in F.I.R. No. 189 of 2020 dated 15.05.2020, under Section 41Cr.P.C./411 I.P.C. on the basis of constructive possession of articles available in a car which was drove by the petitioner. The petitioner has been involved in total 26 cases by the police personnel of Police Station Indira Nagar, District Lucknow. As per the facts narrated in the recovery memo only two mobile phones and cash of Rs.570 was shown to be recovered from the possession of petitioner. The competent courts have already been granted bail to the accused in all 26 cases. The details of the all the 26 cases have been narrated in the grounds of petitioner which are (1) Crime No. 72 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (2) Crime No. 508 of 2019, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (3) Crime No. 188 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Indira Nagar, District Lucknow; (4) Crime No. 128 of 2020, under Sections 380, 457 I.P.C., P.S. Indira Nagar, District Lucknow; (5) Crime No. 190 of 2020, under Sections 188, 271 I.P.C. read with Section 3 of Epidemic Acts and Section 51 of Disaster Management Act, P.S. Indira Nagar, District Lucknow; (6) Crime No. 30 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Indira Nagar, District Lucknow; (7) Crime No. 178 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (8) Crime No. 189 of 2020, under Sections 414, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (9) Crime No. 103 of 2020, under Sections 380, 457, 411, 177 I.P.C., P.S. Indira Nagar, District Lucknow; (10) Crime No. 33 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (11) Crime No. 1064 of 2019, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (12) Crime No. 187 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (13) Crime No. 172 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (14) Crime No. 318 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gazipur, District Lucknow; (15) Crime No. 967 of 2019, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (16) Crime No. 20 of 2020, under Sections 380, 457 I.P.C., P.S. Gazipur, District Lucknow; (17) Crime No. 177 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gazipur, District Lucknow; (18) Crime No. 730 of 2019, under Sections 380, 457 I.P.C., P.S. Gudamba, District Lucknow; (19) Crime No. 726 of 2019, under Sections 380, 457, 411 I.P.C., P.S. Gudamba, District Lucknow; (20) Crime No. 71 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Gudamba, District Lucknow; (21) Crime No. 101 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (22) Crime No. 18 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (23) Crime No. 67 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (24) Crime No. 70 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; (25) Crime No. 193 of 2020, under Sections 380, 457 I.P.C., P.S. Mahanagar, District Lucknow; and (26) Crime No. 3 of 2020, under Sections 380, 457, 411, 120-B I.P.C., P.S. Hasanaganj, District Lucknow. He is unable to furnish personal bonds and sureties in bail orders.

(3.) Learned counsel for petitioner has relied upon the order dated 29.10.2018 passed in Special Leave to Appeal (Crl.) No. 8914-8915 of 2018 (Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, the order dated 30.09.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 7100 of 2019 (Sonu Nishad Vs. State of U.P.); the order dated 29.04.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 3663 of 2018 (Shamim Vs. State of U.P.); the order dated 01.10.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 7186 of 2019 (Shani Singh @ Amit Kanjar Vs. State of U.P.); the order dated 13.06.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 4465 of 2019 (Pawan Kumar Vs. State of U.P.); the order dated 23.07.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 5147 of 2019 (Shani @ Naveen Rajpoot Vs. State of U.P.); the order dated 04.01.2019 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 4 of 2019 (Ziyauddin Vs. State of U.P.); the order dated 21.09.2017 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 6335 of 2017 (Ashish Kashyap @ Chacha @ Bilkul Vs. State of U.P.); and the order dated 03.09.2020 passed by this Court in Criminal Misc. Case (U/s 482 Cr.P.C.) No. 2092 of 2020 (Saheb Alam Vs. State of U.P.).