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2025 DAILYLAW 170237 (ALL)

MOHD. HASAN @ HASAN MULLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

A482/11664/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:402 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11664 of 2024 Applicant :- Mohd. Hasan @ Hasan Mulla Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant to permit him to submit two sureties and personal bond in all eight cases in which he was roped only one arrest and applicant has been granted bail in all cases by the competent courts. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in eight cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the competent courts. 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-Pratapgarh are as follows:- (i) Case Crime No.-289/2019, U/S-2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act-1986, Police Station- Kotwali City, District-Pratapgarh. (ii) Case Crime No. 1201/2018, Under Section-307, 394, 411 of I.P.C.. Police Station- Kotwali Nagar, District- Pratapgarh. (iii) Case Crime No. 94/2018, Under Section-302 of IPC, Police Station- Kotwali City, District Pratapgarh. (iv) Case Crime No. 1241/2018, U/S-302 of IPC, Police Station- Kotwali City, District- Pratapgarh. (v) Case Crime no. 1156/2018, U/S-307 of IPC, Police Station- Kotwali City, District- Pratapgarh. (vi) Case Crime No. 1245/2018, Under section - 147, 148, 149, 307, 332, 353 of IPC, Police Station- Kotwali City, District- Pratapgarh. (vii) Case Crime No. 512/2018, U/S- 394, 307 of IPC, Police Station- Raniganj, District-Pratapgarh. (viii) Case Crime No. 142/2019, U/S-3/25 of Arms Act, Police Station- Kotwali City, District Pratapgarh. 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 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. 20,000/- 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 :- 3.1.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench