RAM BHADHUR NISHAD @ SUMIT v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LKO.
NA528/49/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5716 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 49 of 2025 Applicant :- Ram Bhadhur Nishad @ Sumit Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- Hari Krishna Verma,Kanchan Verma (Km.),Sudhanshu Verma 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 seeking following main relief:-
"(a) Wherefore it is most respectfully prayed that this Hon'ble court may very kindly and graciously be pleased to allow the writ petition of the petitioner and granted reprieve to petitioner to extent that a direction may be issued to file single set of sureties in the Cr. No. 153/2024, U/S-310(4),310(5)109(1), 317(2),317(4) BNS P.S.-Mawai District-Ayodhya and its copy may be placed in all the cases:. In Cr. No.-129/24, Cr. No.-154/2024, FIR registered at P.S.-Mawai District- Ayodhya & Cr. No.-155/24, Cr. No.-180/24 FIR registered at P.S.-Patranga District- Ayodhya which have been slapped against the petitioner on single arrest."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in five 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 Ayodhya are as follows:- (i) Case Case 153/2024, under Sections-310(4),310(5)109(1),317(2),317(4) BNS, P.S.-Mawai, District-Ayodhya. (ii) Case Crime 129/24, under Sections-305,331,317(2),3(5) BNS, P.S.-Mawai, District-Ayodhya. (iii) Case Crime No. 154/2024, under Sections-3/25, 5/27 Arms Act, P.S.-Mawai, District-Ayodhya. (iv) Case Crime No. 155/24, under Sections-305,331(4),317(2), BNS P.S.- Patranga, District-Ayodhya. (v) Case Crime No. 180/2024, under Sections-305,331(4),317(2), BNS P.S.- Patranga, District-Ayodhya.
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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench