Masoom Ali @ Imran @ Chandbabu vs State Of U.P. Thru. Prin. Secy. Home Lko.
2023 Latest Caselaw 35097 ALL

Allahabad High Court

Masoom Ali @ Imran @ Chandbabu vs State Of U.P. Thru. Prin. Secy. Home Lko. on 14 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:82239
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12138 of 2023
 

 
Applicant :- Masoom Ali @ Imran @ Chandbabu
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Umesh Kumar Maurya,Vikas Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.

This instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every two cases and as mentioned in the application.

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in two criminal cases and has been granted bail by the competent courts, the details of cases are as under ;-

1. Case Crime No.489 of 2023, under Sections 454, 380, 411 I.P.C., Police Station P.G.I., District Lucknow.

2. Case Crime No.369 of 2023, under Sections 454, 380, 411 I.P.C., Police Station Chinhat, District Lucknow.

It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 04 persons for surety before the learned trial court.

The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

A prayer has been made by the learned counsel for the applicant that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This application is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in all the two cases in which the applicant has been granted bail.

Order Date :- 14.12.2023

Saurabh