Disposed

Husaini v. State of U.P. Thru Prin Secy Home Civil Sectt

Allahabad HC16 Feb 2022/594/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant sought relief from being required to file separate surety bonds in three criminal cases. The court held that the applicant could furnish a personal bond of Rs. 10,00,000 and two sureties of the same amount, which would be valid across all three cases.

What did the court decide?

The petitioner was directed to furnish a personal bond of Rs. 10,00,000 and two sureties of the same amount, valid across all three mentioned cases.

Husaini Vs State of U.P. Thru Prin Secy Home… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 594 of 2022

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Applicant :- Husaini Opposite Party :- State Of U.P. Thru Prin Secy Home Civil Sectt Counsel for Applicant :- Raj Priya Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the parties.

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This petition under Section 482 Cr.P.C. has been filed by the petitioner to direct the learned Court below concerned not to insist the petitioner to file separate surety bonds in each and every three cases.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in three cases. The details of the cases are as under:-

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"(i) In Case Crime No. 371/2018 under Section 3/5/8 Cow Slaughter Act, PS.- Banthara, District- Lucknow, the applicant has been granted bail vide its order dated 10.11.2021 by the learned Additional District & Session Judge/ Special Judge NDPS Act, Lucknow.

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(ii) In Case Crime No. 102/2019 under Section 3/5/8 Cow Slaughter Act, P.S.- Banthara, District- Lucknow, the applicant has granted bail vide its order dated 02.08.2019 by the learned Additional Session Judge/ Special Judge C.B.I., Lucknow.

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(iii) In Case Crime No. 169/2019 under Section- 3/25 of Arms Act, P.S.- Mohanlalganj, District- Lucknow, the applicant has been granted bail vide its order dated 20.07.2019 by the learned ACJM III, Lucknow."

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Learned counsel for the petitioner submits that in all the three cases petitioner has been enlarged on bail. He further submits that the petitioner belongs to very poor family and is unable to

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arrange 6 sureties in three cases for his release. Learned counsel for the petitioner seeks the benefit of judgment passed by Hon'ble 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.

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Opposing the prayer of the petitioner's counsel, 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.

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Considering the aforesaid, it is provided that the petitioner may furnish a personal bond of Rs.1,000,00/- and two sureties of the like amount which shall be treated to be valid in all three cases above mentioned in which the bail orders have been passed.

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With these observations, the petition is disposed of .

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Order Date :- 16.2.2022

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Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.18 17:42:48 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Husaini v. State of U.P. Thru Prin Secy Home Civil Sectt

Case brief

What is this about?

What did the court decide?

Husaini v. State of U.P. Thru Prin Secy Home Civil Sectt

Case brief

What is this about?

What did the court decide?

What the court decided

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