Mohd. Furkaan vs State Of U.P. Thru. Prin. Home ...
2023 Latest Caselaw 6615 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 2094 of 2023
 

 
Applicant :- Mohd. Furkaan
 
Opposite Party :- State Of U.P. Thru. Prin. Home Govt. U.P. Lko.
 
Counsel for Applicant :- Madhusudan Dutt Mishra,Bhaskar Dutt Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Bhaskar Dutt Misra, the learned counsel for the applicant, Mrs. Kiran Singh, 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 not to insist the applicant to file separate surety bonds in each and every eight cases and accept only two sureties.

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

1. Case Crime No. 156/2022, under Sections 457, 380, 411 I.P.C., Police Station Hasanganj, District Lucknow.

2. Crime Crime No. 460/2022, under Sections 457, 380, 411 I.P.C., Police Station Madiyaon, District Lucknow.

3. Case Crime No. 413/2022, under Sections 457, 380 I.P.C., Police Station Madiyaon, District Lucknow.

4. Case Crime No. 128/2022, under Sections 457, 380, 411 I.P.C., Police Station Vikas Nagar, District Lucknow.

5. Case Crime No. 415/2022, under Sections 457, 380, 411 I.P.C., Police Station Krishna Nagar, District Lucknow.

6. Case Crime No. 60/2022, under Sections 454, 380, 411 I.P.C., Police Station Sairpur, District Lucknow.

7. Case Crime No. 207/2022, under Sections 454, 380, 411 I.P.C., Police Station Alambagh, District Lucknow.

8. Case Crime No. 228/2022, under Sections 457, 380 I.P.C., Police Station Mahanagar, District Lucknow.

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 16 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 the applicant and such personal bond and sureties shall hold good in all the other seven cases in which the applicant has been granted bail.

The petition/application is, accordingly, disposed of.

Order Date :- 1.3.2023

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