AMIT KUMAR LODHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/85/2025 · 2025-02-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122584 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122584 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8479 Court No. - 17 Case :- APPLICATION U/S 528 BNSS No. - 85 of 2025 Applicant :- Amit Kumar Lodhi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari,Jainendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,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 by the applicant to permit him to submit single surety 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 five cases. He has next submitted that in all the cases lodged against the applicant, he has been granted bail by the court concerned, the bail orders have collectively been annexed as Annexure 1 to the application. 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 are as under : (i) F.I.R. / Case Crime No.261/2024 under Section 380, 411, 457 IPC, Police Station - Maurawan, District - Unnao in this case applicant has granted bail by this Hon'ble Court in Bail No. 12915 of 2024 vide order dated 13.12.2024. (ii) F.I.R./case crime no. 0262 of 2024, under Sections- 380 1.P.C., at Police Station- Maurawan, District- Unnao in this case applicant has granted bail by this Hon'ble Court in Bail No. 13043 of 2024 vide order dated 18.12.2024.
(iii) F.I.R./Case Crime No. 268/2024 under Section 380, 411, 457 IPC, Police Station Maurawan, District Unnao in this case applicant has granted bail by this Hon'ble Court in Bail No. 13172 of 2024 vide order dated 20.12.2024. (iv) F.I.R./Case Crime No. 393/2024 under Section 305(A), 331(4), 317(2) BNS, Police Station Maurawan, District - Unnao in this case applicant has granted bail by this Hon'ble Court in Bail No. 13223 of 2024 vide order dated 20.12.2024. (v) F.I.R./ case crime no.0666 of 2024, Under Section 2/3 (1) U.P. Gangster Act, Police Station - Maurawan, District Unnao in this case applicant has granted bail by this Hon'ble Court in Bail No.871 of 2025 vide order dated 28.01.2025.
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 afÏdavit. 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 F.I.R. / Case Crime No.261/2024 under Section 380, 411, 457 IPC, Police Station - Maurawan, District - Unnao, then the same shall be held good in rest of the cases registered against the applicant at District Unnao and the applicant shall be released on bail on that sureties.
Order Date :- 10.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench