Mohammad Tariq vs State Of U.P. Thru. Prin. Secy. Home Lko.
2024 Latest Caselaw 18939 ALL

Allahabad High Court

Mohammad Tariq vs State Of U.P. Thru. Prin. Secy. Home Lko. on 24 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39433
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 4760 of 2024
 

 
Applicant :- Mohammad Tariq
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Deep Kamal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard SriDeep Kamal, learned counsel for the applicant and Sri Ashok Kumar Singh, learned A.G.A.-I 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 learnedtrial court to release the applicant by accepting only two sureties and not to insist the applicant to file separate surety bonds in each and every three cases and as mentioned in the application.

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 competent courts, the details of cases are as under ;-

1. Case Crime No.243 of 2023, under Section 394, 411 I.P.C., Police Station Dubagga, District Lucknow.

2. Case Crime No.252 of 2023, under Section 392, 411 I.P.C., Police Station Dubagga, District Lucknow.

3. Case Crime No.216 of 2023, under Section 392 I.P.C., Police Station Thakurganj, 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 06 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 three cases in which the applicant has been granted bail.

Order Date :- 24.5.2024

Saurabh