Kashif Khan vs State Of U.P. Thru. Prin. Secy. Home, ...
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Allahabad High Court

Kashif Khan vs State Of U.P. Thru. Prin. Secy. Home, ... on 31 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:42169
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 5192 of 2024
 

 
Applicant :- Kashif Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Deptt. Civil Sectt. Lko.
 
Counsel for Applicant :- Mriza Fazal Ali Beg,Akram Fazal Mirza,Vishal Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard SriVishal Sharma, learned counsel for the applicant and Sri Navendu Srivastava, learned A.G.A. for the state and perused the record.

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

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 learned courts below in all of them. The details of cases are as under ;-

1. Case Crime No. 82/2022, Under Sections 452/342/302/120B/419/420/468/471, I.P.C., Police Station Cantt, District Lucknow,

2. Case Crime No. 98/2022, Under Sections 307, I.P.C., Police Station Cantt, District Lucknow, and

3. Case Crime No. 101/2022, Under Sections 7/27/28, Arms Act, Police Station Cantt, 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 6 persons for surety in all the three cases 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 the other two cases in which the applicant has been granted bail.

The application is, accordingly, disposed of.

(Shamim Ahmed, J.)

Order Date :- 31.5.2024

A.Nigam