VIPIN KUMAR RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/80/2025 · 2025-02-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122118 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122118 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7976 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 80 of 2025 Applicant :- Vipin Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The instant application under 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 four 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. 293/2024, under Section 305(A), 331(4), 317(2) of BNS, P.S.- Lonikatra, Diştrcit-Barabanki, (ii) Case Crime No.295/2024, under Section 305(A), 331(4), 317(2) of BNS, P.S.- Lonikatra, Distrcit-Barabanki, (iii) Case Crime No. 296/2024, under Section 305(A), 331(4), 317(2) of BNS, P.S- Lonikatra, Distrcit- Barabanki. (iv) Crime No. 297/2024, under Section 310(4), 310(5) of BNS, P.S- Lonikatra, Distreit- 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 disposed of with a direction that the applicant shall execute personal bond of Rs.20,000/- in every case and produce two sureties in the like amount to the satisfaction of the Court/Magistrate concerned in one case, which shall hold good for rest of the cases, mentioned above.
Order Date :- 7.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench