DINESH KUMAR @ CHHOTU LONA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO
A482/882/2025 · 2025-01-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120815 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6553 Court No. - 12 Case :- APPLICATION U/S 482 No. - 882 of 2025 Applicant :- Dinesh Kumar @ Chhotu Lona Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Ms Shashi Lata Pandey, holding brief of Shri Nizam Ahmad, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed by the applicant to permit him to submit two sureties and personal bond in all the cases in which he was roped in.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in ten cases. He has 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 - Ambedkar Nagar are as under : (i) Case Crime No.36 of 2021, under section- 395 I.P.C., Police Station Station Baskhari, District Ambedkar Nagar.
(ii) Case Crime No.37 of 2021, under section- 395 I.P.C., Police Station Station Baskhari, District Ambedkar Nagar.
(iii) Case Crime No.38 of 2021, under section- 395 I.P.C., Police Station Station Baskhari, District Ambedkar Nagar. . (iv) Case Crime No.49 of 2021, under sections- 379, 411 I.P.C., Police Station- Kotwali Tanda, District Ambedkar Nagar. (v) Case Crime No.19 of 2021, under sections- 379, 411 I.P.C., Police Station - Aliganj, District Ambedkar Nagar. (vi) Case Crime No.7 of 2021, under sections- 419, 420, 467, 468 and 471 L.P.C., Police Station- Kotwali Tanda, District- Ambedkar
Nagar. (vii) Case Crime No.50 of 2021, under section- 307 I.P.C.,
Police Station Kotwali Tanda, District- Ambedkar Nagar. (viii) Case Crime No.19 of 2021, under section- 307 I.P.C., Police Station-Jalalpur, District - Ambedkar Nagar. (ix) Case Crime No.51 of 2021, under sections- 3/25 Arms Act, Police Station- Kotwali Tanda, District- Ambedkar Nagar. (x) Case Crime No.168 of 2021, under section-3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act at Police Station-Baskhari, District- Ambedkar Nagar.
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. Considering the observations made by the Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and also the observations made by this Court in the case of Shivam Gupta @ Shubham @ Lavi vs. State of U.P. through Secretary Home Civil Sectt. Lko (Application U/S 482 No.466 of 2024) as well as in Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023), the present application is allowed with a direction that in case the applicant provides two sureties and bail bond in Case Crime No.168 of 2021, under section-3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act at Police Station-Baskhari, District- Ambedkar Nagar, then the same shall be held good in rest of the cases registered against the applicant at Districts Ambedkar Nagar and the applicant shall be released on bail on that sureties.
Order Date :- 30.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench