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2025 DAILYLAW 119963 (ALL)

KULDEEP GAUTAM ALIAS K.D. v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO.

NA528/55/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5706 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 55 of 2025 Applicant :- Kuldeep Gautam Alias K.D. Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Sunil Kumar 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:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned court below not to insist the petitioner to file separate surety bonds in each and every three cases and accept only one surety in lieu of all the above mentioned three cases, in the interest of justice." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in three 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 a very poor person 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 applicant at District Lucknow are as follows:- i. Case Crime No. 439/2024, Under Sections- 303(2), 317(2), 317(4), 317(5) B.N.S. Police Station Chinhat, District Lucknow. ii. Case Crime No. 442/2024, Under Sections- 303(2), 317(2), B.N.S. Police Station Gazipur, District Lucknow. iii. Case Crime No. 528/2024, Under Sections- 317(2), 317(4), 317(5), 336(2), 345(3), 347(1), B.N.S. Police Station Thakurganj, District 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench