Disposed

Rahil @ Langra Thru. Brother Ishmail v. State of U.P Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC22 Feb 2024/868/2024

Case brief

AI extract

What is this about?

The Allahabad High Court exercised writ jurisdiction under Article 227 to direct the trial court to accept a single personal bond and two sureties for the petitioner in four criminal cases, relying on the Supreme Court judgment in Hani Nishad, rather than requiring separate bonds.

What did the court decide?

The trial court directed to accept one personal bond and two sureties valid for all four criminal cases.

Rahil @ Langra Thru. Brother Ishmail Vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15868

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Court No. - 16

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Case :- MATTERS UNDER ARTICLE 227 No. - 868 of 2024

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Petitioner :- Rahil @ Langra Thru. Brother Ishmail Respondent :- State Of U.P Thru. Secy. Home Deptt. Lko. And Another Counsel for Petitioner :- Ashok Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Ashok Kumar Dubey, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned A.G.A.-I for the state and perused the record.

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This instant writ petition has been filed by the petitioner for directing the learned trial court to release the petitioner by excepting only two sureties and not to insist the petitioner to file separate surety bonds in each and every four cases and as mentioned in the petition.

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

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Case Crime No.205 of 2023, under Sections 380, 411, 457 I.P.C., Police Station Asiyana, District Lucknow.

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Case Crime No.215 of 2023, under Sections 380, 411, 457 I.P.C., Police Station Chinhat, District Lucknow.

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Case Crime No.73 of 2023, under Sections 380, 411, 457 I.P.C., Police Station Cantt, District Lucknow.

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Case Crime No.80 of 2023, under Sections 380, 411, 457 I.P.C., Police Station Cantt, District Lucknow.

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It has been submitted by the learned counsel for the petitioner that the petitioner belongs to a very poor family so he is unable to manage 08 persons for surety before the learned trial court.

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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

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taking one personal bond and two sureties.

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A prayer has been made by the learned counsel for the petitioner that the petitioner be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

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This writ 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 petitioner and such personal bond and sureties shall hold good in all the four cases in which the petitioner has been granted bail.

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Order Date :- 22.2.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rahil @ Langra Thru. Brother Ishmail v. State of U.P Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Rahil @ Langra Thru. Brother Ishmail v. State of U.P Thru. Secy. Home Deptt. Lko. and Another

Case brief

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