Allahabad High Court
Amjad Ali @ Langra 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:37223
Court No. - 13
Case :- APPLICATION U/S 482 No. - 5275 of 2023
Applicant :- Amjad Ali @ Langra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.
2. This petition has been filed by the petitioner with a prayer to allow the petitioner submitting a personal bond and two sureties in lieu of all cases and direct the court below not to insist the petitioner to file separate surety bonds in each and every case (mentioned in para-5 of the memo of petition).
3. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in all cases only to show good work and conduct of police authority itself. The applicant has already been granted bail in all ten cases by the court concerned, details of which are as under:-
"(i)F.I.R./Case Crime No. 179 of 2022 under Sections 406, 420 & 411 1.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 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."
4. It has been submitted by the learned counsel for the petitioner that the petitioner has been bailed out in all such cases. Since, he belongs to a very poor family, he is unable to manage twenty persons for surety before the learned trial court.
5. The Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No.8914- 8915 of 2018 Hani Nishad @ Mohammad Imran alias Vikky vs. State of U.P. and Others has directed that the petitioner who was an accused in 31 cases be released on bail taking one personal bond and two sureties.
6. A prayer has been made by the learned counsel for the petitioner that the petitioner also be given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).
7. 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 petitioner and such personal bond and sureties shall hold good in all the other cases in which the petitioner has been granted bail. A certified copy of bail bond and the status of surety be placed in all the other cases.
Order Date :- 25.5.2023
Shravan
