Moinuz Zafar Alvi @ Monu vs State Of U.P. Thru Secy. Home Dept. Lko
2024 Latest Caselaw 15883 ALL

Allahabad High Court

Moinuz Zafar Alvi @ Monu vs State Of U.P. Thru Secy. Home Dept. Lko on 7 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35346
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 4200 of 2024
 

 
Applicant :- Moinuz Zafar Alvi @ Monu
 
Opposite Party :- State Of U.P. Thru Secy. Home Dept. Lko
 
Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

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

This instant application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below to release the applicant by excepting only two sureties and not to insist the applicant to file separate surety bonds in each and every cases as mentioned in para 5 of the application.

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in six criminal cases and have been granted bail by the competent courts, the details of cases are as under ;-

"1.Case crime no.0423/2018, U/s- 279, 302, 504 I.P.C and section 7 of Criminal Law Amendment Act, P.S-Chowk, District Lucknow.

2.Case crime no.0534/2019, U/s- 394, 307, 120(B), 411, 34 I.P.C, P.S- Bazarkhala, District Lucknow.

3.Case crime no.206/2019, U/s- 394, 302, 411 I.P.C., P.S- Alambagh, District Lucknow.

4.Case crime no.0411/2019, U/s- 307 I.P.C., P.S- Vikas Nagar, District Lucknow.

5.Case crime no.0412/2019, U/s- 392 I.P.C., P.S- Vikas Nagar, District Lucknow.

6.Case crime no.0542/2019, U/s- 3/25 Arms Act, P.S- Bazarkhala, District Lucknow."

It has been submitted by the learned counsel for the applicants that the applicant belongs to a very poor family so he is unable to manage 12 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).

This application 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 cases in which the applicant has been granted bail.

Order Date :- 7.5.2024

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