DILDAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
A482/1052/2025 · 2025-02-05
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 121309 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121309 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7337
Court No. - 12 Case :- APPLICATION U/S 482 No. - 1052 of 2025 Applicant :- Dildar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ashok Kumar Verma 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 under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed with the following main prayers :-
"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 5 (five) 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 05 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 two 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 under :- (i) Case Crime No.304/2022, under Section 399, 402 I.P.C., Police Station Satrikh, District Barabanki. (ii) Case Crime No.305/2022, under Section 41/411 I.P.C., Police Station Satrikh, District Barabanki. (iii) Case Crime No.503/2022, under Sections 457, 380, 411 I.P.C., Police Station Ram Nagar, District Barabanki. (iv) Case Crime No.308/2022, under Section 3/25 Arms Act, Police Station Satrikh, District Barabanki. (v) Case Crime No.0434/2022, under Section 3(1) of U.P.
Gangster and Anti Social Activities(Prevention) Act, Police Station Satrikh, 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. 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.0434/2022, under Section 3(1) of U.P. Gangster and Anti Social Activities(Prevention) Act, Police Station Satrikh, District Barabanki, then the same shall be held good in rest of the cases registered against the applicant at Districts Barabanki and the applicant shall be released on bail on that sureties.
Order Date :- 5.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench