Noorul Huda @ Raju vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 2384 ALL

Citation : 2022 Latest Caselaw 2384 ALL
Judgement Date : 9 May, 2022

Allahabad High Court

Noorul Huda @ Raju vs State Of U.P. Thru. Prin. Secy. ... on 9 May, 2022

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2472 of 2022
 

 
Applicant :- Noorul Huda @ Raju
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt.
 
Counsel for Applicant :- Aman Kumar Shrivastav,Divyanshu Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned Court below, Lucknow not to insist the petitioner to file separate surety bonds in each and every four cases and accept only one surety in lieu of all the four cases.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in four cases by showing the false recovery. The details of the cases are as under:-

"1. Case crime no.1135/2021, under section 420, 419,414,413, 411 I.P.C. and section 41/102 Cr.P.C. P.S- Kotwali Distt. Kheri.

ii. Case crime no. 685/2021 under section 379, 411, I.P.C.P. S-Kotwali Sadar, Distt. Kheri.

iii. Case crime no. 1121/2021, under section 379, and 411 I.P. C,P. S-Kotwali Sadar, Distt. Kher

iv. Case crime no.1134/2021, under section 379, and 411 I.P.C.P. S-Kotwali Sadar, Distt. Kheri."

Learned counsel for the petitioner seeks the benefit of judgment passed by Hon'ble Supreme Court of India in "Hani Nishad @ Mohammad Imran @ Vikky vs. The State of U.P." passed in Special Leave to Appeal (Crl) No. 8914-8915 of 2018.

Opposing the prayer of the petitioner, learned A.G.A. for the State submits that it is always the discretion and satisfaction of the concerned trial court so far as the acceptance of the surety is concerned.

Considering the aforesaid, it is provided that the petitioner may furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount which shall be treated to be valid in all four cases above mentioned in which the bail orders have been passed.

With these observations, the petition is disposed of.

Order Date :- 9.5.2022

Madhu