Aqib Javed @ Noor Alam vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 2390 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2469 of 2022
 

 
Applicant :- Aqib Javed @ Noor Alam
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt.
 
Counsel for Applicant :- Sunil Kumar
 
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 three cases and accept only one surety in lieu of all the three cases.

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

" 1.Case Crime no.736/2021 U/s 411/413/414/419/420/467/468 and 471 I.P.C., Police Station - Kotwali Nagar, District Barabanki, released on bail on 29.4..2022 Bail Application no. 4233/2022 granted by this Hon'ble Court. Amount of Surety : Rs. 1,00,000/- x 2 + Personal Bond.

2. Case 660/2021 U/s Station 20.4.2020 Bail Application no. 878/2022 granted by Session Judge Barabanki. Amount of Surety: Rs. Crime no. 419/420/467/468/471/379/411 I.P.C., Police Kotwali Nagar, District Barabanki, released on bail - on 75,000/- x 2 + Personal Bond.

3. Case Crime no. 284/2021 U/s 379 I.P.C., Police Station -Devan, District Barabanki, released on bail 20.4.2022 Bail Application no. 879/2022 granted by - on Session Judge, Barabanki. Amount of Surety: Rs. 50,000/- x 2 + Personal Bond."

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.1,25,000/- and two sureties of the like amount which shall be treated to be valid in all three 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