Disposed

Shamshad Khan Alias Madde v. State of U.P. Thru. Secy. Home Deptt. Lko.

Allahabad HC29 Nov 2024/10856/2024

Case brief

AI extract

What is this about?

Applicant granted bail in four criminal cases sought permission to furnish a single personal bond and two sureties covering all cases instead of separate heavy sureties. Relying on the Supreme Court decision in Hani Nishad, the High Court directed the court below to accept a personal bond of Rs. 20,000 per case with two sureties in one case holding good for the rest.

What did the court decide?

Direction to court below to accept personal bond of Rs. 20,000 in each case and two sureties in one case holding good for all four cases.

Shamshad Khan Alias Madde Vs State of U.P. Thru. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79216

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 10856 of 2024 Applicant :- Shamshad Khan Alias Madde Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Uma Kant Gupta,Kameshwar Singh,Sanjeev Rai Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The instant application has been filed by the applicant to permit him to submit two sureties and one personal bond for all four cases from the applicant and applicant has been granted bail in all cases by the court below.

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Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all four cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. 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 Lucknow are as follows:-

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(i) Case Crime No. 247/2023, under section 411/413 I.P.C., Police Station Thakurganj, District Lucknow

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(ii) Case Crime No. 244/2023, under section 379/ 411/413 I.P.C., Police Station Thakurganj, District Lucknow

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(iii) Case Crime No. 119/2023, under section 379/411/413 I.P.C., Police Station Mall, District Lucknow

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(iv) Case Crime No. 210/2023, under section 379/411/413 I.P.C., Police Station Thakurganj, District Lucknow

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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.

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

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In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application 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 Court below is directed to execute the personal bond of Rs. 20,000/- 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.

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Order Date :- 29.11.2024 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Shamshad Khan Alias Madde v. State of U.P. Thru. Secy. Home Deptt. Lko.

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Shamshad Khan Alias Madde v. State of U.P. Thru. Secy. Home Deptt. Lko.

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