Fazle Haque vs State Of U.P.
2022 Latest Caselaw 2399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 3034 of 2020
 

 
Applicant :- Fazle Haque
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Pradeep Kumar Sen,Arvind Kumar Gautam,Mohd.Saulat Wasim,R.R. Dev,Saleem Ahmad Khan
 
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 ten cases and accept only one surety in lieu of all the ten cases.

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

" (i) case crime no. 225/2019 U/s.2/3 U.P Gangster Act. P.S Mohanlalganj District Lucknow,

(ii) Case Crime No 56/2019 U/s 3/5/8 of cow slaughter Act, P.S Mohanlalganj District Lucknow,

(iii) Case Crime No 409/2018 U/s 3/5/8 of cow slaughter Lucknow, Act, P.S Mohanlalganj District

(iv) Case Crime No 358/2018 U/s 3/5/8 of cow slaughter Act, P.S Mohanlalganj District Lucknow,

(v) Case Crime No 746/2018 U/s 3/5/8 of cow slaughter Act, P.S Mohanlalganj District Lucknow,

(vi) Case Crime No 63/2019 U/s 3/5/8 of cow slaughter Act, P.S Gosaiganj District Lucknow,

(vii) Case Crime No 106/2019 U/s 3/5/8 of cow slaughter Act, P.S Gosaiganj, District Lucknow,

(viii) Case Crime No 202/2018 U/s 3/5/8 of cow slaughter Act, P.S Nigoha District Lucknow ( Shown in Gang chart)

(ix) Case Crime No 88/2019 U/s 3/5/8 of cow slaughter Act, P.S Gosaiganj District Lucknow,

(x) Case Crime No 171/2019 U/s 3/25 Arms Act, P.S Mohanlalganj District Lucknow"

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.5,00,000/- and two sureties of the like amount which shall be treated to be valid in all ten 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