Syed Hasnain Mustafa vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 10599 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 5445 of 2022
 

 
Applicant :- Syed Hasnain Mustafa
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Brijesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Brijesh Kumar Singh, learned counsel for the applicant and Sri Anurag Shukla, learned A.G.A. for the State and perused the material on record.

The instant application under Section 482 Cr.P.C. has been filed directing the court below not to insist the petitioner to file separate surety bonds in each and every 4 cases and accept only two sureties in lieu of all the above-mentioned 4 cases.

Learned counsel for the applicant submits that the applicant was arrested on 04.07.2022 in Case Crime No. 332 of 2022 and on the basis of search and confessional statement of co-accused one 32 bore revolver, 3 live cartridges, one empty cartridges, and Rs.1,500/- have been recovered from the possession of the applicant. The applicant has been falsely implicated in three other cases in which he has been granted bail. It is further submitted that the applicant is a poor person and his father has died and in his family his mother and one brother are living with him and the applicant earns the livelihood of the family by pulling rickshaw. It is next submitted that the police just to show its good work and to complete up the pending investigations in several other cases, has made the applicant a scapegoat. The details of cases are as follows:

(i) Case Crime No. 180 of 2022 under Sections 380, 457, 411 of I.P.C.

(ii) Case Crime No. 0331 of 2022 under Section 3/25 of Arms Act.

(iii) Case Crime No. 217 of 2022 under Sections 457, 380, 511 of I.P.C.

(iv) Case Crime No. 332 of 2022 under Sections 41/411 of I.P.C.

Learned counsel for the applicant has relied upon the judgment of the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Special Leave to Appeal (Criminal) No. 8914-8915 of 2018.

Learned A.G.A. submits that he does not want to file any counter affidavit.

In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. stands disposed of finally in the light law laid down by the Apex Court (Hani Nishad @ Mohammad Imran @ Vikky) (Supra) and directing the court to below to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

Order Date :- 18.8.2022

Ishan