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2025 DAILYLAW 121959 (ALL)

DHANIRAM AND ANR. v. STATE OF U.P. THRU PRIN.SECY. HOME LKO

A482/1077/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7510 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1077 of 2025 Applicant :- Dhaniram And Anr. Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko Counsel for Applicant :- Angrej Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants 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 applicants to permit them to submit two sureties and personal bond in all the cases in which they were roped in. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in 02 cases. He has next submitted that in both the cases registered against the applicants, they have been granted bail by the court concerned. He says that the applicants are very poor persons and they are 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 applicants at District - Lucknow are as under : (i) Case Crime No.034/2020, under Sections 147, 148, 302, 34 I.P.C., at Police Station Sushant Golf City, District- Lucknow. (ii) Case Crime No.0092/2020, under Section 2/3 of U.P. Gangster Act, at Police Station Sushant Golf City, District - Lucknow. Learned counsel for the applicants 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 applicants provide two sureties and bail bonds in Case Crime No.0034/2020, under Sections 147, 148, 302, 34 I.P.C., at Police Station Sushant Golf City, District- Lucknow, then the same shall be held good in rest of the case(s) registered against the applicants at District Lucknow, as mentioned above, and the applicants 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