Gaurav Misra vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2833 of 2022
 

 
Applicant :- Gaurav Misra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home
 
Counsel for Applicant :- Vijay Shankar Trivedi
 
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 not to insist the petitioner to file separate surety bonds in each and every seven cases and accept only two sureties in lieu of all the seven cases.

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

"[1] Crime No. 25/2022 U/S 401 I.P.C. P.S. Para, District Lucknow

[2] Crime No. 26/2022 U/S 411, I.P.C. P.S.Para, District Lucknow

[3] Crime No. 312/2021 U/S 457,380 I.P.C. P.S. Para, District Lucknow.

[4] Crime No. 16/2022 U/S 457, 380, 411, I.P.C. P.S.Para, District Lucknow.

[5] Crime No. 553/2021 U/S 411 I.P.C. P.S. Para, District Lucknow

[6] Crime No. 486/2021 U/S 457, 380, 411 1.P.C. P.S. Para, District Lucknow

[7] Crime No. 531/2021 U/S 457, 380 I.P.C. P.S.Para, 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.2,00,000/- and two sureties of the like amount which shall be treated to be valid in all seven cases above mentioned in which the bail orders have been passed.

With these observations, the petition is disposed of.

Order Date :- 19.5.2022

Madhu