Mohd. Shoaib vs State Of U.P. Thru. Secy. Home. Lko
2021 Latest Caselaw 2238 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- U/S 482/378/407 No. - 732 of 2021
 

 
Applicant :- Mohd. Shoaib
 
Opposite Party :- State Of U.P. Thru. Secy. Home. Lko
 
Counsel for Applicant :- Sunil Kumar,Mohit Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.

2. By means of present application the applicant has prayed that he may be granted relief to the extent that a direction be issued to file single set of sureties in Case Crime No. 396 of 2019, under Section 413, 414 I.P.C., Police Station - Mahanagar, District - Lucknow and the same shall be considered as sureties in all other cases viz. Case Crime No. 346/2019, u/s 379 I.P.C., Police Station - Gudamba, District - Lucknow and Case Crime No. 332/2019, u/s 379 I.P.C., Police Station - Mahanagar, District - Lucknow.

3. It has been submitted by learned counsel for the applicant that all the aforesaid cases have been registered against the applicant in one single arrest on he basis of confessional statements of the accused persons. The applicant is innocent and has been falsely implicated by the concerned police in aforesaid three cases. It has further been submitted that in all the cases bail applications have been allowed by the Court below but due to his poverty and financial crisis applicant is not able to manage separate sureties all the cases separately. It has further been submitted that the applicant may be allowed to be released on bail only on two sureties in regard to all the cases. Learned counsel for the applicant submits that applicant has been enlarged on bail in all the aforesaid cases by the Additional Sessions Judge, Court No. 9, Lucknow, by means of separate orders dated 05.02.2021 (Annexure - 1 to the affidavit filed in support of application).

4. Keeping in view the submissions made by the learned counsel for the applicant as well as the factual arguments and the judgment and order dated 29.10.2018 of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh passed in Petition(s) for Special Leave to Appeal (Crl.) Nos. 8914-8915/2018, I am of the view that end of justice would be met in case applicant is directed to submit fresh two sureties and a personal bond of Rs.1,00,000/-, in one case and the same shall be considered by the Court concerned as sureties and bond in other cases too, for the purpose of releasing the applicant on bail.

5. It is ordered accordingly.

6. With aforesaid directions/observations, the present application stands disposed of.

Order Date :- 11.2.2021

A. Verma

(Alok Mathur, J.)