Sharif vs State Of U.P. Thru. Prin. Secy. Home ...
2024 Latest Caselaw 33194 ALL

Allahabad High Court

Sharif vs State Of U.P. Thru. Prin. Secy. Home ... on 1 October, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:67813
 
Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 8920 of 2024
 

 
Applicant :- Sharif
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Afzal Hasan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

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

2. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and one personal bond for all two cases from the applicant and applicant has been granted bail in all cases by the court below.

3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all two cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the trial court. He says that the applicant is very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant in District - Bahraich are as follows:-

(i) Crime No. 657/2022 U/S 41 / 411/379/413/467/468/471 I.P.; C. Police Station Nanpara, District Bahraich.

(ii) Crime No. 04 of 2023 U/S 3[1] U.P. Gangster Act P.S Nanpara,, District Bahraich.

4. Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

5. Learned A.G.A. submits that he does not want to file any counter affidavit.

6. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C./Section 528 BNSS stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the trial Court is directed to execute the personal bond of Rs. 50,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases.

Order Date :- 1.10.2024

Mohit Singh/-