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2025 DAILYLAW 155704 (ALL)

BATOLEY @ MATA PRASAD v. STATE OF U.P. THRU. SECY. HOME LKO.

/6353/2025 · 2025-08-05

Shree Prakash Singh

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45583 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6353 of 2025 Applicant :- Batoley @ Mata Prasad Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Surendra Kumar Mishra,Divya Prakash Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. By means of the instant application, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every three cases and accept only two sureties and one personal bond in lieu of all the three cases. The learned counsel for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which he has been granted bail. He added that the applicant has been granted bail in three cases arising out of following Case Crime Numbers :- 1) Case Crime No. 299 of 2008, under Section 302 IPC, Police Station Isanagar, District Lakhimpur Kheri. 2) Case Crime No. 1223 of 2009, under Sections 147, 148, 149, 307 IPC and Section 7 of C.L. Act, Police Station Isanagar, District Lakhimpur Kheri. 3) Case Crime No. 1226 of 2009, under Section 4/25 of Arms Act, Police Station Isanagar, District Lakhimpur Kheri. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being poor person, he is unable to produce the sureties in each cases. It is further submitted by the learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914- 8915/2018] the Supreme Court vide order dated 29.10.2018 has permitted the petitioners to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases. Referring the aforesaid judgement and order, he submits that the applicant may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra). Considering the aforesaid fact, the instant application under Section 482 Cr.P.C. is disposed of with a direction to the applicant to furnish a personal bond of Rs.50,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other cases wherein the bail orders have been passed. Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench