Asif Husain @ Pichchi v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. -11 Case :-APPLICATION U/S 482 No. -12311 of 2023 Applicant :-Asif Husain @ Pichchi Opposite Party :-State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :-Prashant Shukla,Avanish Shukla Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. The instant application under Section 482 Cr.P.C. has been filed by the applicant inter alia praying for the following main relief:-"Wherefore, it is most respectfully and humbly prayed that this Hon'ble Court may graciously be pleased to issue an appropriate order or direction to the Learned Court below to accept 2 sureties from the applicant in lieu of the 4 cases against him in which he has already been bailed out, contained in Annexure No.1 to this application, in the interest of justice." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 4 cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is a 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 at District Lucknow are as follows:-

(i) Case Crime No. 586 of 2013, under Section 147, 148, 149, 307, 336, 427 IPC.

(ii) Case Crime No. 587 of 2013, under Section 147, 148, 307 and 336 IPC.

(iii) Case Crime No. 593 of 2013, under Section 307 and 427 IPC and Section 7 CLA Act.

(iv) Case Crime No. 594 of 2013, under Section 147, 148, 149, 307 IPC. 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. Learned A.G.A. submits that he does not want to file any counter affidavit. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C. 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. 50,000/- 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. Order Date :- 18.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench