Ahmad Khan vs State Of U.P. Thru. Prin. Secy. Home Lko.
2024 Latest Caselaw 19780 ALL

Allahabad High Court

Ahmad Khan vs State Of U.P. Thru. Prin. Secy. Home Lko. on 29 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40608
 
Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 4983 of 2024
 
Applicant :- Ahmad Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Dr. Sunil Kumar,Umesh Kumar Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

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

2. This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned trial court not to insist the applicant to file separate surety bonds in each and every four cases and accept only two sureties.

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

(1) Case Crime No.505 of 2023, under Section 392, 411 I.P.C., Police Station Chinhat, District Lucknow.

(2) Case Crime No.490 of 2023, under Section 394, 411 I.P.C., Police Station Gazipur, District Lucknow.

(3) Case Crime No.492 of 2023, under Section 411 I.P.C., Police Station Gazipur, District Lucknow.

(4) Case Crime No.493 of 2023, under Section 3/25 Arms Act, Police Station Gazipur, District Lucknow.

4. 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 8 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 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.

6. 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).

7. 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 four cases in which the applicant has been granted bail.

(Shamim Ahmed, J.)

Order Date :- 29.5.2024

Arnima