Sharafat @ Kallu vs State Of U.P. Thru. Secy. Home Lko.
2022 Latest Caselaw 19058 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- APPLICATION U/S 482 No. - 8710 of 2022
 

 
Applicant :- Sharafat @ Kallu
 
Opposite Party :- State Of U.P. Thru. Secy. Home Lko.
 
Counsel for Applicant :- Atul Kumar Mishra,Chandra Shekhar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned Counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed for direction to the court below to take one personal bond and only two sureties from the applicant for all 5 cases (mentioned in para 13 of the application) in which the petitioner has been granted bail by the learned courts below.

Learned counsel for the applicant has submitted that the applicant has been granted bail in 5 cases, the details of which has been mentioned in paragraph 13 of the application, but he cannot manage 5 separate sureties. He has submitted that he may be allowed to furnish two sureties and one personal bonds for all the cases. He has placed reliance on the judgment dated 20.10.2018 passed by Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos.8914-8915/2018 (Hani NIshad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh).

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 all five cases, in which the bail orders have been passed.

In view of the above, the present application u/s 482 Cr.P.C. is allowed.

Order Date :- 28.11.2022

Madhu