Ameen vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 13967 ALL

Citation : 2023 Latest Caselaw 13967 ALL
Judgement Date : 2 May, 2023

Allahabad High Court

Ameen vs State Of U.P. Thru. Prin. Secy. ... on 2 May, 2023

Bench: Shamim Ahmed




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 
Case :- APPLICATION U/S 482 No. - 4378 of 2023
 
Applicant :- Ameen
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
 
Counsel for Applicant :- Sudhaker Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard learned counsel for the petitioner, 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 a direction to the learned court below not to insist the applicant to file separate surety bonds in each and every three cases and accept only two surety in lieu of all the three cases in the interest of justice.

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

1. Case Crime No.51/2022, under Sections - 406, 411 I.P.C., Police Station - Naka, District- Lucknow.

2. Crime Crime No.90/2022, under Section 379, 411 I.P.C., Police Station - Naka, District- Lucknow.

3. Case Crime No.92/2022, under Section - 379, 411 IPC, police station - Naka, 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 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 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 another case in which the applicant has been granted bail.

Order Date :- 2.5.2023

mks