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2025 DAILYLAW 122865 (ALL)

RAHUL GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A482/1273/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8850 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1273 of 2025 Applicant :- Rahul Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Sharma 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 direct the learned court below not to insist the petitioner to file separate surety bonds in each and every seven cases and accept only two sureties in lieu of all the above mentioned seven cases in the interest of justice. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven 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 poor labour 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 - Lucknow are as under : (i) Case Crime no. 0335 / 2024, U/S - 331(4), 305(a), 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. ii.) Case Crime no. 0238 / 2024, U/S - 331(4), 305, 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. iii.) Case Crime no. 0281 / 2024, U/S - 305(a), 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. iv.) Case Crime no. 0338 / 2024, U/S - 331(4), 305(a), 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. v.) Case Crime no. 0344 / 2024, U/S - 305(a), 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. vi.) Case Crime no. 0372 / 2024, U/S - 331(6), 305(a) of B.N.S., P.S- B.K.T. District- Lucknow. vii.) Case Crime no. 0257 / 2024, U/S - 331(4), 305, 317(2) of B.N.S., P.S- B.K.T. District- Lucknow. 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 one bail bond in Case Crime no.335 / 2024, U/S -331(4), 305(a), 317(2) of B.N.S., P.S- B.K.T. District- Lucknow, then the same shall be held good in rest of the cases registered against the applicant at District Lucknow and the applicant shall be released on bail on that sureties. Order Date :- 11.2.2025 Reena/- (Manish Kumar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench