SHOEB @ PAUNE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO
NA528/62/2025 · 2025-01-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119995 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119995 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5893 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 62 of 2025 Applicant :- Shoeb @ Paune Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Ram Sahay Yadav 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:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the learned trial court not to insist the petitioner/ applicant file two separate sureties in each and every 3 (three) cases pending against the petitioner/ applicant and release on personal bonds only two sureties, 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 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 Barabanki are as follows:- (i) Case Crime No. 689 of 2024, under Section 303(2), 317(2) BNS, P.S.- Kotwali Nagar, District- Barabanki. (ii) Case Crime No. 774 of 2024, under Section 303(2), 317(2) BNS, P.S.- Kotwali Nagar, District- Barabanki. (iii) Case Crime No. 603 of 2024, under Section 331(4), 305(A), 317(2) BNS, P.S.- Kotwali Nagar, District- Barabanki.
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 :- 29.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench