Shyam Ji Mishra vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Shyam Ji Mishra vs State Of U.P. Thru. Prin. Secy. Home ... on 24 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39640
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 4709 of 2024
 

 
Applicant :- Shyam Ji Mishra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.
 
Counsel for Applicant :- Smt. Usha Tiwari,Pramod Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Karunesh Singh Pawar,J. 
 

Heard the learned counsel for the applicant and the learned A.G.A. for the State and also perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned trial court not to insist the applicant to file separate surety bonds in eleven cases and accept only two sureties in lieu of eleven cases.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the cases shown in paragraph 6 of the application. Learned counsel for the applicant submits that the applicant has been released on bail in following cases:-

1. Case Crime no. 122/2020 U/S-406, 420, 323, 504 and 506 IPC P/S- Kotwali Nagar, District- Faizabad/Ayodhya

2. Case Crime No. 777/2020 under section 406, 420, 504, and 506, P/S- Kotwali Nagar, District- Faizabad/Ayodhya.

3. case crime no. 152 of 2021, under sections 504 and 506 I.P.C., the F.I.R. has been lodged section 406, 420 I.P.C. Police Station Kotwali Nagar, District Ayodhya (Faizabad).

4. case crime no. 787 of 2021, under sections 406, 420, 323, 504 and 506 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

5. case crime no. 615 of 2021, under sections 406, 420, and 504 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

6. case crime no. 515 of 2022, under sections 420 and 406 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

7. case crime no. 823 of 2021, under sections 406, 420, 504 and 506 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

8. case crime no. 626 of 2021, under sections 406, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

9. case crime no. 759 of 2020, under sections 504 and 506 I.P.C., Police Station Kotwali Nagar, District Ayodhya (Faizabad).

10. case crime no. 0014/2022 Under Section 3 (1) U.P.G. Act, Police Station Kotwali Nagar District Ayodhya. Faizabad.

11. Case Crime No. 0093 of 2021 under sections 419, 420, 467, 468, 471, 406, 323, 504, I.P.C. Police Station District - Faizabad / Ayodhya Kotwali Nagar.

Learned counsel for the applicant submits that the applicant is not in a position to manage sureties in all eleven cases. He seeks benefit of judgment passed by Hon'be 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 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 and two sureties which shall be treated to be valid in all eleven cases, above mentioned, in which the bail orders have been passed.

With these observations, the petition is disposed of.

Order Date :- 24.5.2024

Madhu