VIJAYPAAL ALIAS CHHOTU v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO.
A482/1247/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122748 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122748 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8811 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1247 of 2025 Applicant :- Vijaypaal Alias Chhotu Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. Counsel for Applicant :- Jitendra Prakash Mishra,Ram Lal 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 has submitted that applicant is very poor person thus, he is unable to manage 18 persons for the purpose of giving sureties as per bail order, due to which despite the bail orders granted to the applicant, he is in jail.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 9 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 - Kheri are as under : (I)-Case Crime No-471/2024, under section 380,457,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri. (II)- Case Crime no. 443/2024 under section 380,411,413 of I.P.C P.S.-Kotwali Sadar, District-Kheri . (III)- Case Crime No-506/2024, under section 380,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri. (IV)- Case Crime No-435/2024, under section 380,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri.
(V)- Case Crime No-408/2024, under section 3/25 of Arms Act P.S.Kotwali Sadar District- Kheri. (VI)- Case Crime No-477/2024, under section 380,457,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri. (VII)- Case Crime No-494/2024, under section 379,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri. (VIII)- Case Crime No-193/2024, under section 457, 380,411,413 of I.P.C P.S.Kheri District- Kheri. (IX) Case Crime No-172/2024, under section 457, 380, 411, 413 of I.P.C P.S.Kheri District- Kheri.
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 two sureties and bail bond in Case Crime No. 471/2024, under section 380,457,411,413 of I.P.C P.S.Kotwali Sadar District- Kheri, then the same shall be held good in rest of the cases registered against the applicant at District Kheri 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