Mohd. Farhan Raza And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1642 of 2023
 

 
Applicant :- Mohd. Farhan Raza 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 Sheo Prakash Singh, the learned counsel for the applicants, 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. Farhan Raza, Tausif Raza, Mohd. Musarraf and Mohd. Sadiq Husain, for directing the learned court below not to insist the applicants to file separate surety bonds in each and every three 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 the learned courts below, 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 Section 7 of 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 Section 7 of Criminal Law Amendment Act, Police Station Baldirai, District Sultanpur.

3. Case Crime No. 328/2022, under Sections 147, 148, 149, 109, 332, 353, 295A, 427, 307, 435, 436, 505, 505(1), 505(1)(B), 34 I.P.C., Section 7 of Criminal Law Amendment Act and Section 2/3 of 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 a very poor family so they are unable to manage six 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 present 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 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 application is, accordingly, disposed of.

Order Date :- 20.2.2023

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