Neutral Citation No. - 2023:AHC-LKO:34211

Court No. - 14

Case :- APPLICATION U/S 482 No. - 4394 of 2023

Applicant :- Mujeeb

Opposite Party :- State Of U.P. Thru. Secy. Home, Lucknow

Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

Heard learned counsel for the petitioner, 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 for a direction to the learned court below not to insist

the applicant to file separate surety bonds in each and every five

cases and accept only two surety in lieu of all the five cases in

the interest of justice.

It has been submitted by the learned counsel for the applicant

that the applicant has been falsely implicated in five criminal

cases and has been granted bail by the learned courts below, the

details of cases are as under:-

1. Case Crime No.0413/2015, under Section 295 A IPC and

under Section 5/8 Cow Slaughter Act, 1955, Police Station

Sadana, District Sitapur.

2. Crime Crime No.380/2016, under Section 419, 420, 467,

468, 471 IPC and under Section 3/5A/8 Cow Slaugher Act,

1955, Police Station- Mishrikh, District Sitapur.

3. Case Crime No.0013/2018, under Sections- 295 A IPC and

3/5/8 Cow Slaughter Act, 1955, police station - Mishrikh,

District - Sitapur.

4. Case Crime No.0391/2016, under Section - 3/5A/8 Cow

Slaughter Act, 1955, police station - Mishrikh, District -

Sitapur.

5. Case Crime No.546/2022, under Section - 3 (Kha) (XV) 3

(1) U.P. Gangster Act, police Station - Mishrikh, District

Sitapur.

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 10 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

petitioner that the present applicant be also given the benefit of

judgment rendered by the Hon'ble Supreme Court in the case of

Hani Nishad (supra).

This petition 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 other cases also in

which the applicant has been granted bail.

Order Date :- 2.5.2023

mks

Digitally signed by :-

MANISH SAXENA

High Court of Judicature at Allahabad,

Lucknow Bench