Yaqoob v. State of U.P

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40340 of 2023 Applicant :- Yaqoob Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

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

¶2The present 482 Cr.P.C. application has been filed with prayer to consolidate the number of sureties and amount of bond required to be furnished in 11 cases of district Muzaffar Nagar and thereby directing the release of the applicant after furnishing a smaller amount as personal bond with two sureties considering the judgment passed by Hon'ble Supreme Court of India in Hani Nishad @ Mohammad Imran @ Vicky Vs. The State of U.P. passed in SLP (Crl) 8914-8915 of 2018 in Case Crime No. 06 of 2022, u/s 136 of Electricity Act, P.S. Kharkharda, District Meerut.

¶3The contention of learned counsel for the applicant is that applicant has been implicated in 11 cases and in all the eleven cases, he has been granted bail. Copies of bail orders annexed as annexure no. 2 in the application. It is further submitted that applicant has been granted bail on condition of personal bond of Rs. 1,00,000/-(One lac) with two surities of like amount in one case and in rests of the cases he has been granted bail on condition of personal bond of Rs. 50,000/- alongwith two sureties. He also placed reliance in the judgement passed by Hon'ble Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh" passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018. He next submits that due to financial crisis applicant is not in a position to manage to produce eleven sureties in all cases.

¶4Per contra, learned AGA submitted that he has no objection for granting him benefit in terms of the judgment passed by Hon'ble Supreme Court of India in Hani Nishad @ Mohammad Imran @ Vikky (supra).

¶5In view of the above, so far as the eleven cases of district Muzaffar Nagar in which the applicant has been released on bail, it is provided that the applicant may furnish a personal bond of Rs. 30,000/- and two sureties to the like amount and same bond shall hold for all eleven cases belonging to same district.

¶6The other condition in the bail orders shall remain the same.

¶7With these observations, this application is disposed of finally. Order Date :- 2.11.2023 Swati High Court of Judicature at Allahabad