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2025 DAILYLAW 114708 (ALL)

RAHUL TAXI @ BHUPINDER SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.

/8/2025 · 2025-01-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1222 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 8 of 2025 Applicant :- Rahul Taxi @ Bhupinder Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Rajeev Singh,Lalji Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicants to permit him to submit two sureties and one personal bond for all two cases from the applicants and applicants have been granted bail in all cases by the court below. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in all two cases. He next submitted that in all the cases registered against the applicants, they have been granted bail by the court below. He says that the applicants are very poor persons and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicants in District Lucknow are as follows:- (i) FIR no. - 626/2024 u/s - 304(2), 317(2) BNS, Police Station - PGI, (ii) FIR no. -113/2024 u/s - 303(2), 317(2) BNS, Police Station - Naka, Learned counsel for the applicants has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Learned A.G.A. submits that he does not want to file any counter affidavit. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. Order Date :- 8.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench