Samsuddin @ Pintu Ajad vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 286 of 2023
 

 
Applicant :- Samsuddin @ Pintu Ajad
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.
 
Counsel for Applicant :- Vivek Chandra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Vivek Chandra, the learned counsel for the applicant and 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 applicant for directing the learned court below to enlarge the applicant by accepting only two sureties and not to insist the applicant to file separate surety bonds in each and every ten cases and as mentioned in para-6 of the instant application.

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

1. Case Crime No. 457/ 2021, under Sections 380, 411 I.P.C., Police Station Sandhana, District Sitapur.

2. Case Crime No. 509/ 2021, under Section 459 I.P.C., Police Station Sandhana, District Sitapur.

3. Case Crime No. 518/ 2021, under Section 307 I.P.C., Police Station Sandhana, District Sitapur.

4. Case Crime No. 519/ 2021, under Section 401 I.P.C., Police Station Sandhana, District Sitapur.

5. Case Crime No. 521/ 2021, under Section 25(1-B) Arms Act, Police Station Sandhana, District Sitapur.

6. Case Crime No. 520/ 2021, under Section 5/9 of Explosive Substance Act, Police Station Sandhana, District Sitapur.

7. Case Crime No. 408/ 2021, under Sections 457, 380, 411 I.P.C., Police Station Sidhauli, District Sitapur.

8. Case Crime No. 408/ 2021, under Section 380 I.P.C., Police Station Sidhauli, District Sitapur.

9. Case Crime No. 336/ 2021, under Sections 380, 457, 411 I.P.C., Police Station Kamlapur, District Sitapur.

10. Case Crime No. 01/ 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Sandhana, District Sitapur.

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 20 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).

Accordingly, the instant 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 the applicant and such personal bond and sureties shall hold good in all the other nine cases in which the applicant has been granted bail.

Order Date :- 13.1.2023

Mustaqeem