JAGDISH v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO.
NA528/93/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122699 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8801 Court No. - 17 Case :- APPLICATION U/S 528 BNSS No. - 93 of 2025 Applicant :- Jagdish Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Kumar Sagar,Pawneesh Kumar Vikram 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 two 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 huge 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 - Sitapur are as under : (i) Bail Application No. 61 of 2025 in Case Crime No. 0492 of 2024 under Sections 303(1), 317 (1) BNS, P.S. Mahmudabad, District Sitapur. ii.Bail Application No. 63 of 2025 in Case Crime No. 0500 of 2024 under Sections 313, 317 (2) BNS, P.S. Mahmudabad, District Sitapur.
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 one surety and bail bond in Case Crime No. 0492 of 2024 under Sections 303(1), 317 (1) BNS, P.S. Mahmudabad, District Sitapur, then the same shall be held good in rest of the cases registered against the applicant at District Sitapur and the applicant shall be released on bail on that surety .
Order Date :- 11.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench