Mukesh Saroj vs State Of U.P Thru. Prin. Secy. ...
2023 Latest Caselaw 14257 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 4448 of 2023
 

 
Applicant :- Mukesh Saroj
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home, Lko.
 
Counsel for Applicant :- Sarjoo Ram,Aklavya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Sarjoo Ram, the learned counsel for the applicant, Shri Hari Shankar Vajpayee, the learned A.G.A.-I for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned court below not to insist the applicant to file separate surety bonds in each and every five cases and accept only two sureties.

It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in five criminal cases and has been granted bail, the details of cases are as under:-

1. Case Crime No. 109 / 2022, under Sections 392, 411 I.P.C., Police Station Antu, District Pratapgarh.

2. Crime Crime No. 87 / 2022, under Section 307 I.P.C., Police Station Kohandaur, District Pratapgarh.

3. Case Crime No. 64 / 2022, under Sections 392, 504, 411 I.P.C., Police Station Kohandaur, District Pratapgarh.

4. Case Crime No. 84 / 2022, under Sections 392, 341, 411 I.P.C., Police Station Kohdaur, District Pratapgarh.

5. Case Crime No. 88 / 2022, under Section 3/25 of Arms Act, Police Station Kohdaur, District Pratapgarh.

It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 10 persons for surety before the learned trial court.

The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

A prayer has been made by the learned counsel for the petitioner that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This petition is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in all the other four cases in which the applicant has been granted bail.

The petition/application is, accordingly, disposed of.

Order Date :- 5.5.2023

Mustaqeem