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2025 DAILYLAW 121236 (ALL)

HARISH YADAV @ LALLAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO

A482/956/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7110 Court No. - 12 Case :- APPLICATION U/S 482 No. - 956 of 2025 Applicant :- Harish Yadav @ Lallan Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Lal Bahadur Khan,Shashi Dhar Pathak 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 humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to invoke its inherent powers Under Section 482 Cr.P.C. and direct the learned trial court to accept two surety in one case and release the applicant in all other cases on furnishing personal bond, as per the bail orders annexed as Annexure No. 1 to 3 to this application in light of the Hon'ble Supreme Court's verdict rendered in "Special Leave to Appeal Criminal No. 8914-8915 of 2018 Hani Nishad alais Mohd. Imran alia Viccky Vs. State of U.P. & Others", 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 Barabanki are as follows:- (i) Case Crime No. 725 of 2022, under Sections 419, 420, 467, 468 & 471 I.P.C., P.S.- Dewa, District- Barabanki. (ii) Case Crime No. 726 of 2022, under Sections 419, 420, 467, 468 & 471 I.P.C., P.S.- Dewa, District- Barabanki. (iii) Case Crime No. 567 of 2022, under Sections 419, 420, 467, 468, 471, 504, 507, 120B & 34 I.P.C., P.S.- Dewa, 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 :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench