Mohammad Ishaq Through Friend ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3499 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 483 No. - 170 of 2022
 

 
Applicant :- Mohammad Ishaq Through Friend Rajendra Prasad Pal
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko.
 
Counsel for Applicant :- Mohammad Irfan Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the parties.

This application under Section 483 Cr.P.C. has been filed by the applicant with the prayer that the petitioner may be allowed to submit a personal bond and two sureties in all the cases mention in para 4 of the application.

Learned counsel for the applicant submits that the applicant has been falsely implicated in two cases. The details of the cases are as under:-

"(i) Case Crime No.283 of 2022, under Section 411 I.P.C., Police Station Chinhat, District Lucknow.

(ii) Case Crime No.280 of 2022, under Section 380, 411 I.P.C., Police Station Chinhat, District Lucknow"

Learned counsel for the applicant 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 applicant, 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 applicant may furnish a personal bond of Rs.50,000/- and two sureties of the like amount which shall be treated to be valid in two cases above mentioned in which the bail orders have been passed.

With these observations, the application is disposed of.

Order Date :- 19.5.2022

Madhu