Mohd. Soeb And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 4336 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1320 of 2023
 

 
Applicant :- Mohd. Soeb And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.
 
Counsel for Applicant :- Sheo Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Shie Prakash Singh, the learned counsel for the applicants, Shri Diwakar Singh, the learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants, namely, Mohd. Soeb, Sanwar, Abu Nasar and Shah Faisal for directing the learned court below not to insist the applicant to file separate surety bonds in each and every four cases and accept only two sureties.

It has been submitted by the learned counsel for the applicants that the applicants have been falsely implicated in three criminal cases and have been granted bail by coordinate Benches of this Court, the details of cases are as under:-

1. Case Crime No. 326/ 2022, under Sections 147, 148, 149, 323, 332, 353, 295A, 427, 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station Baldirai, District Sultanpur.

2. Case Crime No. 327/ 2022, under Sections 147, 148, 149, 332, 353, 295A, 427, 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station Baldirai, District Sultanpur.

3. Case Crime No. 327/ 2022, under Sections 147, 148, 149, 109, 332, 353, 295A, 427, 307, 435, 436, 505, 505(1), 505(1)(B)/ 34 I.P.C. and 7 Criminal Law Amendment Act and 2/3 Public Property Damage Act, Police Station Baldirai, District Sultanpur.

It has been submitted by the learned counsel for the applicants that the applicants belong to very poor family so they are unable to manage 6 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 applicants that the applicants be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This application under Section 482 Cr.P.C. 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 two cases in which the applicants have been granted bail.

The instant application is, accordingly, disposed of.

Order Date :- 10.2.2023

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