Manish Soni Alias Champu v. State of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10615 of 2023 Applicant :- Manish Soni Alias Champu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko Counsel for Applicant :- Ashwani Kumar Srivastava,Pradeep Kumar,Sarvesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the state and perused the record.

¶2This 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 four cases mentioned in paragraph-12 of the afÏdavit filed in support of the bail application and accept only two sureties. Learned counsel for the applicant further submitted that the applicant is unable to manage different sureties for different cases therefore, he requested that one set of sureties may be realised in all the four cases.

¶3It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in four criminal cases and has been granted bail by the learned courts below, the details of cases are as under;-

(I) Case Crime No. 06/2022, Under Sections 380, 457 I.P.C., Police Station Para, District Lucknow.

(II) Case Crime No. 294/2022, Under Sections 380, 457 I.P.C., Police Station Para, District Lucknow.

(III) Case Crime No. 297/2022, Under Sections 380, 457 I.P.C., Police Station Para, District Lucknow.

(IV) Case Crime No. 313/2022, Under Sections 380, 457 I.P.C., Police Station Para, District Lucknow.

¶4A prayer has been made by the learned counsel for the applicant that the applicant may be given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of special leave to appeal Criminal No.8914-8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others in which the Supreme Court had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

¶5Opposing the prayer of the applicant, learned A.G.A. for the State submits that it is discretion and satisfaction of the concerned trial court so far as the acceptance of the surety is concerned.

¶6This application 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.

¶7The application is, accordingly, disposed of. Order Date :- 31.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench