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2025 DAILYLAW 119525 (ALL)

MOHAK SHASTRI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

A482/864/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7102 Court No. - 12 Case :- APPLICATION U/S 482 No. - 864 of 2025 Applicant :- Mohak Shastri Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Prashant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant for the following main relief:- "(a) to allow the petitioner to file Personal Bond and two Sureties in one case which should be sufficient in all six cases in which he has been granted bail i.e. in Case Crime Number 398/2019, under Section 307 of the Indian Penal Code, P.S. Krishna Nagar, Lucknow, Case Crime Number 401/2019 under Sections 3/25 of the Arms Act, P.S. Krishna Nagar, Lucknow, Case Crime Number 119/2019 under Sections 396/412, 120-B-I.P.C P.S. Krishna Nagar, Lucknow, Case Crime Number 540/2019 under section 302, 393,120-B/34 of the Indian Penal Code, P.S. Gomti Nagar, Lucknow, Case Crime Number 388/2019 under Section 307/393, 34 of the Indian Penal Code, P.S. Krishna Nagar, Lucknow, Case Crime Number 18/2019 under Section 394, 411 of the Indian Penal Code, P.S. Naka Hindola, Lucknow." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in six cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is 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 applicant at District Lucknow are as follows:- (i) Case Crime Number 398/2019, under Section 307 I.P.C., P.S. Krishna Nagar, Lucknow. (ii) Case Crime Number 401/2019, under Sections 3/25 of the Arms Act, P.S. Krishna Nagar, Lucknow. (iii) Case Crime Number 119/2019, under Sections 396/412, 120-B, I.P.C., P.S. Krishna Nagar, Lucknow. (iv) Case Crime Number 540/2019, under section 302, 393,120-B/34 I.P.C., P.S. Gomti Nagar, Lucknow. (v) Case Crime Number 388/2019, under Section 307/393, 34 I.P.C., P.S. Krishna Nagar, Lucknow. (vi) Case Crime Number 18/2019, under Section 394, 411 I.P.C., P.S. Naka Hindola, Lucknow. Learned counsel for the applicant 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 :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench