SIKANDAR @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/52/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120176 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5724 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 52 of 2025 Applicant :- Sikandar @ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Subodh Kumar Pandey 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 Chief Judicial Magistrate, Sitapur/court concerned, Sitapur to release the petitioner on furnishing of two sureties in one case which shall hold good for all four cases vide (i) Case Crime No. 147 of 2024, Under Section 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District- Sitapur, (ii) Case Crime No. 171 of 2024, Under Section 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District-Sitapur, (iii) Case Crime No. 196 of 2024, Under Section 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District-Sitapur & (iv) Case Crime No. 207 of 2024, Under Section 305, 317(2), 317(4), 317(5), 331(4) Β.N.S., Police Station-Kotwali Dehat, District-Sitapur."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in four 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 Sitapur are as follows:- (i) Case Crime No. 147 of 2024, under Sections 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District-Sitapur. (ii) Case Crime No. 171 of 2024, under Sections 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District-Sitapur. (iii) Case Crime No. 196 of 2024, under Sections 457, 380, 411, 413, 414 IPC, Police Station Kotwali Dehat, District-Sitapur.
(iv) Case Crime No. 207 of 2024, under Sections 305, 317(2), 317(4), 317(5), 331(4) Β.N.S., Police Station-Kotwali Dehat, District-Sitapur.
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