Irfan And Another vs State Of U.P. Thru. Secy. Deptt. Of ...
2023 Latest Caselaw 4258 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1253 of 2023
 

 
Applicant :- Irfan And Another
 
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko.
 
Counsel for Applicant :- Anil Kumar Tiwari,Abhishek Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard learned counsel for the applicant, Shri Hari Shankar Vajpayee, the learned A.G.A.-I for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants-Irfan and Muslim @ Bambul, for directing the learned court below not to insist the applicants to file separate surety bonds in each and every six cases and accept only two sureties from each of the appellants.

It has been submitted by the learned counsel for the applicants that the applicants have been falsely implicated in six criminal cases and have been granted bail by the learned courts below, the details of cases are as under:-

1. Case Crime No. 254/2022, under Section 379, 411, 413 I.P.C., Police Station Badosarai, District Barabanki.

2. Crime Crime No. 382/2022, under Sections 379, 411, 413 I.P.C., Police Station Badosarai, District Barabanki.

3. Case Crime No. 474/2022, under Sections 379, 411, 413 I.P.C., Police Station Tikait Nagar, District Barabanki.

4. Case Crime No. 666/2022, under Sections 379, 411 I.P.C., Police Station Ramsanehighat, District Barabanki.

5. Case Crime No. 558/2022, under Sections 379, 411 I.P.C., Police Station Safdarganj, District Barabanki.

6. Case Crime No. 476/2022, under Section 4/25 Arms Act, Police Station Tikaitnagar, District Barabanki.

It has been submitted by the learned counsel for the applicants that the applicants belong to a very poor family so they are unable to manage 12 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 petitioner 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 petition 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 each of the applicants and such personal bond and sureties shall hold good in all the other five cases in which the applicants have been granted bail.

The petition/application is, accordingly, disposed of.

Order Date :- 9.2.2023

Mustaqeem