Mohsin Khan @ Bakad vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 16678 ALL

Citation : 2023 Latest Caselaw 16678 ALL
Judgement Date : 25 May, 2023

Allahabad High Court

Mohsin Khan @ Bakad vs State Of U.P. Thru.Prin.Secy. ... on 25 May, 2023

Bench: Suresh Kumar Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:37265
 
Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 5260 of 2023
 

 
Applicant :- Mohsin Khan @ Bakad
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt.
 
Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.

This petition has been filed with the following prayer :-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to permit the applicant to submit two sureties and personal bond in ten cases in which he was roped only one arrest and applicant has been granted bail in all the cases, which are quoted below :

(i)F.I.R./Case Crime No. 179 of 2022 under Sections 406, 420 & 411 I.P.C, Police Station- Husainganj, District- Lucknow, (ii) F.I.R./Case Crime No. 240 of 2022 under Sections 420, 406, 120-B & 411/34 I.P.C, Police Station- Talkatora, District- Lucknow, (iii) F.I.R./Case Crime No. 372 of 2022 under Sections 406, 420, 411 I.P.C, Police Station- Hazratganj, District- Lucknow (iv) F.I.R./Case Crime No. 63 of 2022 under Sections 411/34, 406, 420 & 120-B I.P.C, Police Station- Madeyganj, District- Lucknow (v) F.I.R./Case Crime No. 273 of 2022 under Sections 392, 411/34 & 120-B I.P.C, Police Station- Talkatora, District- Lucknow, (vi) F.I.R./Case Crime No. 230 of 2022, under Sections 411, 420, 467, 468, 471 & 120-B/34 IPC, Police Station Chowk, District Lucknow, (vii) F.I.R./Case Crime No. 177 of 2022, under Sections 379, 411, 420, 467, 468, 471/34 & 120-B IPC, Police Station Kaiserbagh, District Lucknow (viii) F.I.R./Case Crime No. 203 of 2022, under Sections 420/411 IPC, Police Station Bazar Khala, District Lucknow, (ix) F.I.R./Case Crime No. 234 of 2022, under Sections 420/411 IPC, Police Station Indira Nagar, District Lucknow; and (x) F.I.R./Case Crime No. 719 of 2021, under Sections 379, 420 & 411 IPC, Police Station Thakurganj, District Lucknow."

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in all ten criminal cases detail of which has been given in paragraph no. 5 of the application.

Paragraph no. 5 of the application is being quoted hereinbelow :-

" That the accused/ applicant has been granted bail by the learned trial courts in ten cases, the details of cases are as under ;-

It has been submitted by the learned counsel for the applicant that the applicant has been bailed out in all such cases but he belongs to a very poor family so he is unable to manage 20 persons for sureties 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).

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 ten cases in which the applicant has been granted bail.

Order Date :- 25.5.2023

Virendra