Rajesh Kumar And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 29957 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:71331
 

 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 10558 of 2023
 

 
Applicant :- Rajesh Kumar And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
 
Counsel for Applicant :- Sudhaker Prakash,Satish Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

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

2. The present 482 Cr.P.C. application has been filed for direction to the court below to accept one personal bond and only two sureties from the applicant for all 3 cases (mentioned in para 5 of the application) in which the petitioner has been granted bail by the learned courts below.

3. Learned counsel for the applicant has submitted that the applicant has been granted bail in 3 cases, but he cannot manage separate sureties for all the cases. 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).

4. He added that the applicant has been granted bail in all the four cases arising out of following Case Crime Numbers:-

(i) Case Crime no.578/2023 under Sections 420, 411 IPC, Police Station- P.G.I., District- Lucknow.

(ii) Case Crime no.477/2023 under Sections 420, 411, 413 IPC, Police Station- Vibhuti Khand, District- Lucknow.

(iii) Case Crime no.214/2023 under Section 420, 379, 411 IPC Police Station- Maha Nagar, District- Lucknow.

5. 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.

6. 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 4 cases, in which the bail orders have been passed.

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

Order Date :- 30.10.2023

Manoj K.