Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the petitioner to direct the learned Court below, Lucknow not to insist the petitioner to file separate surety bonds in each and every 30 cases and accept only two sureties in lieu of all the thirty cases.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in thirty cases by showing the false recovery. The details of the cases are as under:-
"1.Case Crime No. 55/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
2.Case Crime No. 71/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
3.Case Crime No. 194/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
4.Case Crime No. 299/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
5.Case Crime No. 202/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District Lucknow.
6.Case Crime No. 209/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District Lucknow.
7.Case Crime No. 185/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
8.Case Crime No. 238/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
9.Case Crime No. 174/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
10.Case Crime No. 242/202Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
11.Case Crime No. 231/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District Lucknow.
12.Case Crime No. 211/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
13.Case Crime No. 127/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District- Lucknow.
14.Case Crime No. 207/2020, Under Section 457, 380, 411 IPC, Police Station - Gomti Nagar Extension, District Lucknow.
15.Case Crime No. 232/2020, Under Section 457, 380 IPC, Police Station - Gomti Nagar Extension, District Lucknow.
16.Case Crime No. 648/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
17.Case Crime No. 706/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
18.Case Crime No. 632/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
19.Case Crime No. 697/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
20.Case Crime No. 627/2020, Under Section- 380 IPC, Police Station - Chinhat, District - Lucknow.
21.Case Crime No. 747/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
22.Case Crime No. 646/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District-Lucknow.
23.Case Crime No. 724/2020, Under Section-379, 511 IPC, Police Station - Chinhat, District - Lucknow.
24.Case Crime No. 765/2020, Under Section-380, 457 IPC, Police Station - Chinhat, District - Lucknow.
25.Case Crime No. 771/2020, Under Section-380,457 IPC, Police Station - Chinhat, District - Lucknow.
26.Case Crime No. 271/2020, Under Section- 380 IPC, Police Station - Gudamba, District - Lucknow.
27.Case Crime No. 322/2020, Under Section-380, 454 IPC, Police Station - Gudamba, District - Lucknow.
28.Case Crime No. 742/2020, Under Section- 380, 457 IPC, Police Station - Madiyaon, District -Lucknow.
29.Case Crime No.101/2020, Under Section-380,457 IPC, Police Station- Sushant Golf City, District Lucknow
30.Case Crime No. 103/2020, Under Section- 380, 457IPC, Police Station Sushant Golf City, District -Lucknow."
Learned counsel for the petitioner submits that the petitioner belongs to lowest section of the society. As such, he seeks the 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.
The relevant paragraphs of the judgment reads as under:-
"Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs.30,000/- (Rupees Thirty Thousand Only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs.30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases."
Opposing the prayer of the petitioner, 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 petitioner may furnish a personal bond of Rs.1,50,000/- and two sureties each of Rs.1,50,000/- which shall be treated to be valid in all thirty cases above mentioned in which the bail orders have been passed.
With these observations, the petition is disposed of.
Order Date :- 26.8.2021 Madhu