Allahabad High Court
Moti Lal And Another vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2022
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- APPLICATION U/S 482 No. - 3427 of 2022
Applicant :- Moti Lal And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home
Counsel for Applicant :- Brijesh Kumar Vishwakarma,Jagendra
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 petitioners to direct the learned Court below not to insist the petitioners to file separate surety bonds in each and every fifteen cases and accept only one surety in lieu of all the cases.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in fifteen cases by showing the false recovery. The details of the cases are as under:-
"1. Case Crime/FIR No. 871/2021 lodged under sections 457/380/411 IPC at Police Station Chinhat, District-Lucknow vide bail order dated 01.04.2022 passed in Bail Application No. 1848 of 2022 (Moti Lal & another versus State of U.P.)
2. Case Crime/FIR No. 972/2021 lodged under sections 379/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 18.02.2022 in Bail Application No. 1241/2022 (Moti Lal & another Vs. State of U.P.)
3. Case Crime/FIR No. 947/2021 lodged under sections 379/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 20.02.2022 passed in Bail Application No. 1078/2022 (Moti Lal & another Vs. State of U.P.).
4. Case Cime/FIR No. 964/2021 lodged under sections 427/379/411 IPC at Police Station Chinhat, District-Lucknow vide bail order dated 17.02.2022 passed in Bail Application 1081/2022 (Moti Lal & another Vs. State of U.P.). 5. Case Crime/FIR No. 971/2021 lodged under section 457/380/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 22.03.2022 passed in Bail Application No. 1652/2022 (Moti Lal & another Vs. State of U.P.).
6. Case Crime/FIR No. 996/2021 lodged under section 457/380/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 04.03.2022 passed in Bail Application No. 1080/2022 (Moti Lal & another Vs. State of U.P.).
7. Case Crime/FIR No. 1012/2021 lodged under sections 457/380/411 IPC at Police Station Chinhat, District-Lucknow vide bail order dated 18.02.2022 in Bail Application No. 1233/2022 (Moti Lal & another Vs. State of U.P.).
8. Case Crime/FIR No. 1013/2021 lodged under sections 380/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 15.03.2022 passed in Bail Application No. 1391/2022 (Moti Lal & another Vs. State of U.P.).
9. Case Crime/FIR No. 11/2022 lodged under section 379/411 IPC at Police Station-Chinhat, District Lucknow vide bail order dated 10.03.2022 Bail Application No. 1235/2022 (Moti Lal & another Vs. State of U.P.).
10. Case Crime/FIR No. 13/2022 lodged under sections 380/411 IPC at Police Station-Chinhat, District-Lucknow vide bail order dated 15.03.2022 passed in Bail Application No. 1393/2022 (Moti Lal & another Vs. State of U.P.).11.
Case Crime/FIR No. 27/2022 lodged under sections 427/380/411 IPC at Police Station Chinhat, District-Lucknow vide bail order dated 15.03.2022 passed in Bail Application 1382/2022 (Moti Lal & another Vs. State of U.P). No.
12. Case Crime/FIR No. 29/2022 lodged under section 411 IPC at Police Station-Chinhat, District Lucknow vide bail order dated 15.03.2022 passed in Bail Application No. 1389/2022 (Moti Lal & anther versus State of U.P.).
13. Case Crime/FIR No. 452/2021 lodged under sections 380/411 IPC at Police Station-Gomti Nagar Extension, District-Lucknow vide bail order dated 22.03.2022 passed in Bail Application No. 1657/2022 (Moti Lal & another Vs. State of U.P.).
14. Case Crime/FIR No. 384/2021 lodged under sections 457/380/411 IPC at Police Station-Gomti Nagar Extension, District-Lucknow vide bail order dated 28.03.2022 passed in Bail Application No. 1656/2022 (Moti Lal & anther Vs. State of U.P.).
15.Case Crime/FIR No. 439/2021 lodged under sections 457/380/411 IPC at Police Station-Gomti Nagar Extension, District-Lucknow vide bail order dated 22.03.2022 passed in Bail Application No. 1653/2022 (Moti Lal & another Vs. State of U.P.).."
Learned counsel for the petitioners 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 petitioners, 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 petitioners may furnish a personal bond of Rs.4,00000/- and two sureties of the like amount which shall be treated to be valid in all fifteen cases above mentioned in which the bail orders have been passed.
With these observations, the petition is disposed of.
Order Date :- 31.5.2022
Madhu
