Chand Mia v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10543 of 2023 Applicant :- Chand Mia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow Counsel for Applicant :- Sudhaker Prakash,Satish Kumar 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 accept one personal bond and only two sureties from the applicant for all 4 cases (mentioned in para 5 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 4 cases, but he cannot manage 4 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). 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 section 420, 411 IPC, Police Station P.G.I., District Lucknow.

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

(iii) Case Crime no.413/2023 under section 379, 411 IPC, Police

Station

Chinhat,

District

Lucknow.

(iv) Case Crime no.214/2023 under section 420, 379, 411 IPC Police station Maha Nagar, District Lucknow. 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 4 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 :- 30.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench