Arsalan v. State of U.P

Court No. - 91 Case :- APPLICATION U/S 482 No. - 36960 of 2023 Applicant :- Arsalan Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan,Pankaj Kumar Chaube Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2By means of this application, the applicant has prayed to direct the court below to accept a personal bond and two sureties in five cases to the satisfaction of the court concerned in anyone of the aforesaid case and same on being furnished be treated to be valid in all other 5 cases where bail has been granted to the applicant in view of the law laid down by Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of U.P. in Special Leave to Appeal No.8914-8915 decided on 31.10.2013.

¶3Learned counsel for applicant submits that the applicant is facing trial in 5 criminal cases arising out of same allegations of alleged banking fraud. In all the nine criminal cases applicant has been granted bail with the direction to furnish personal bonds and two sureties of each amount to the satisfaction of the court concerned along with other conditions.

¶4Learned counsel for applicant submits that the applicant is not a financially strong person and the condition of two sureties each in the like amount in every criminal case would adversely affect him and he prayed that a direction be passed that the sureties of two persons in one of the criminal case shall hold good for all other nine cases and he has placed reliance on Application under Section 482 Cr.P.C. No.8038 of 2022, Mahesh Dayal Vs. State of State of U.P. which was disposed of vide order dated 30.8.2022.

¶5Details of nine criminal cases of the applicant are mentioned hereinafter:

(1) Case Crime No.03 of 2023, under sections 465, 471, 413 I.P.C., Police Station-Harvans Mohal.

(2) Case Crime No.166 of 2022, under sections 379, 411 I.P.C., Police Station-Swaroop Nagar, District-Kanpur Nagar.

(3) Case Crime No.166 of 2022, under sections 379, 411 I.P.C., Police Station-Nazeerabad.

(4) Case Crime No.106 of 2022, under sections 379, 411 I.P.C., Police Station-Swaroop Nagar.

(5) Case Crime No.53 of 2023, under section 3(1) of U.P. Gangster Act, Police Station Swaroop Nagar, District Kanpur Nagar.

¶6This application is disposed of with the direction that the applicant shall file two sureties of Rs.25,000/- each (one surety should be a family member of the applicant) which shall hold good for Serial No.1-5. Order Date :- 13.10.2023 Sanjeet High Court of Judicature at Allahabad