Bittoo Jaiswal @ Kamlesh Jaiswal vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Bittoo Jaiswal @ Kamlesh Jaiswal vs State Of U.P. Thru. Prin. Secy. Home ... on 31 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41858
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 5127 of 2024
 

 
Applicant :- Bittoo Jaiswal @ Kamlesh Jaiswal
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.
 
Counsel for Applicant :- Manjusha Kapil
 
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 three cases and accept only two sureties in lieu of three cases.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the cases shown in paragraph 4 of the application. Learned counsel for the applicant submits that the applicant has been released on bail in following cases:-

"(i) Case Crime No.0092 of 2022, under section 307 I.P.C., Police tation- Cantt, District- Lucknow.

(ii) Case Crime No. - 0082 of 2022, under section- 452/ 342/ 302/120- B Indian Penal Code, Police Station- Cantt, District- Lucknow.

(iii) Case Crime No. - 93 of 2022, Under Section- 3/25 Arms Act,Police Station Cantt,, District - Lucknow."

Learned counsel for the applicant submits that due to poor financial condition, the applicant is not in a position to manage sureties in all the three 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 the cases, above mentioned, in which the bail orders have been passed.

With these observations, the petition is disposed of.

Order Date :- 31.5.2024

Madhu