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2025 DAILYLAW 122669 (ALL)

HIMANSHU THARU v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

NA528/107/2025 · 2025-02-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9377 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 107 of 2025 Applicant :- Himanshu Tharu Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Randhir Singh,Sandeep Kumar(Trivedi) 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 respectfully prayed that this Hon'ble court may kindly be pleased to direct for release of Petitioner's/applicant's on furnishing a personal bond of Rs. 20,000/- and two sureties of like amount to the satisfaction of the court concerned, which should hold good for all the Four cases mentioned below:- (1) Bail in Bail No.10179/2024 as Crime no-674/2024, U/S 305,331(4),317(2) B.N.S., P.S. Madiyaon, District-Lucknow,. Dated.06.01.2025 on personal bond of Rs. 30,000/- and two sureties of like amount by A.D.J Special A.T.S. Lucknow, vide order Dated 06.01.2025. Copy of the order dated 06.01.2025 is enclosed as Annexure No.1 to this application for the perusal of this Hon'ble Court. (2) Bail in Bail application No. Bail No.554/2025 as Crime no- 527/2024, U/S 305,331(4) B.N.S., P.S. P.G.I., District-Lucknow,, Dated.23.01.2025 on personal bond of Rs. 50,000/- and two sureties of like amount By Court of Learned A.D.J Special C.B.I.Court No.6 Lucknow, vide order dated 23.01.2025. Copy of the order dated 23.01.2025 is enclosed as Annexure No.2 to this application for the perusal of this Hon'ble Court. (3) Bail in Bail application No.543/2025 and FIR No. 605/2024, U/S- 305,331(4), B.N.S., P.S.P.G.I., District-Lucknow, vide order dated 23.01.2025 on personal bond of Rs. 50,000/-and two sureties of like amount By Court of Learned District and Sessions Judge, Room No.1 Lucknow, vide order Dated.23.01.2025. Copy of the order dated 23.01.2025 is enclosed as Annexure No.3 to this application for the perusal of this Hon'ble Court. (4) Bail in Bail application No. 544/2025 and FIR No. 606/2024, U/S- 305,331(4), B.N.S., P.S.P.G.I., District- Lucknow, vide order dated Dated:23.01.2025 on personal bond of Rs. 50,000/- and two sureties of like amount By Court of Learned District and Sessions Judge, Room No.1 Lucknow, vide order dated 23.01.2025. Copy of the order dated 23.01.2025 is enclosed as Annexure No.4 to this application for the perusal of this Hon'ble Court." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in four cases detailed in prayer cause of this application, which is quoted above. 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. 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 :- 13.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench