Allahabad High Court
Ibrahim Jafri And Another vs State Of U.P. ... on 27 February, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 1953 of 2023
Applicant :- Ibrahim Jafri And Another
Opposite Party :- State Of U.P. Thru.Prin.Secy.Deptt. Of Home
Counsel for Applicant :- Ram Janak Yadav,Maya Ram Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Maya Ram Yadav, learned counsel for the applicants and Sri Anurag Shukla, learned A.G.A. for the state and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below not to insist the applicants to file separate surety bonds in each and every nine cases and accept only two sureties.
It has been submitted by the learned counsel for the applicants that the applicant has been falsely implicated in nine criminal cases and has been granted bail by the learned courts below, the details of cases are as under ;-
1. Case Crime/FIR No. 0342/2022 under Sections 379/420/411 I.P.C., lodged at Police Station-Hazratganj, District Lucknow.
2. Case Crime/FIR No. 0292/2022 under Sections 406/420/411 I.P.C., lodged at Police Station Alambagh, District Lucknow.
3. Case Crime/FIR No. 0393/2022, under Sections 457/380/411 I.P.C., lodged at Police Station Bakshi Ka Talab, District Lucknow.
4. Case Crime/FIR No. 0405/2022, under Sections 406/420/411 I.P.C. lodged at Police Station Aliganj, District Lucknow.
5. Case Crime/FIR No. 0420/2022, under Sections 406/420/506/411 I.P.C. lodged at Police Station Gudamba, District Lucknow.
6. Case Crime/FIR No. 0465/2022, under Sections 406/420/411 I.P.C. lodged at Police Station Sarojini Nagar, District Lucknow.
7. Case Crime/FIR No. 0251/2022 under Section 420 I.P.C. lodged at Police Station Hazaratganj, District Lucknow.
8. Case Crime/FIR No. 0324/2022, under Section 3/25 Arms Act, Police Station Alambagh, District Lucknow.
9. Case Crime/FIR No. 0322/2022, under Section 3/25 Arms Act, Police Station Alambagh, District Lucknow.
It has been submitted by the learned counsel for the applicant that the applicants belongs to a very poor family so he is unable to manage 18 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 applicants 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 applicants and such personal bond and sureties shall hold good in all the other nine cases in which the applicants have been granted bail.
The application is, accordingly, disposed of.
Order Date :- 27.2.2023
Arvind
