Naim v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41116 of 2023 Applicant :- Naim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Wajid Ali,Anuj Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. By means of this application, the applicant has prayed to direct the court below to accept a personal bond and two sureties in eight 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 9 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. Learned counsel for applicant submits that the applicant is facing trial in 8 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. Learned 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. Details of eight criminal cases of the applicant are mentioned hereinafter:

(1) Case Crime No.72 of 2023, under sections 379 I.P.C., Police Station-Ramraj, District-Muzaffar Nagar.

(2) Case Crime No.168 of 2023, under sections 379 I.P.C., Police Station-Titavi, District-Muzaffar Nagar.

(3) Case Crime No.169 of 2023, under sections 379 I.P.C., Police Station-Mansoorpur, District-Muzaffar Nagar.

(4) Case Crime No.101 of 2023, under sections 380, 457 I.P.C., Police Station-Sikhera, District-Muzaffar Nagar.

(5) Case Crime No.181 of 2023, under sections 379 I.P.C., Police Station-Mansoorpur, District-Muzaffar Nagar.

(6) Case Crime No.184 of 2023, under sections 379 I.P.C., Police Station-Mansoorpur, District-Muzaffar Nagar.

(7) Case Crime No.167 of 2023, under sections 379 I.P.C., Police Station-Jansath, District-Muzaffar Nagar.

(8) Case Crime No.168 of 2023, under sections 379 I.P.C., Police Station-Jansath, District-Muzaffar Nagar. This application is disposed of with the direction that the applicant shall file one personal bond and 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 to 8. Order Date :- 7.11.2023 Sanjeet High Court of Judicature at Allahabad