RIYAJUDDIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
A482/1336/2025 · 2025-02-12
Saurabh Lavania
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 123147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123147 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8971
Court No. - 12 Case :- APPLICATION U/S 482 No. - 1336 of 2025 Applicant :- Riyajuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Anjali Dubey,Rajiv Mishra,Soniya Mishra Soni Pathak 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 under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed by the applicant for the following main relief (s) :-
"For the facts and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass appropriate order or direction to the learned court below to consider single surety amount of Rs. 20,000/- in each of 2 cases reducing the excess surety amount of Rs.50,000/- to Rs.20,000/- in the order dated 30-01-2025 passed by learned Additional Session Judge Court No. 2, Lucknow, in Case Crime No. 397/2024, U/S - 304(2),317(2) B.N.S.S., P.S. Vibhutikhand, District Lucknow and also in order dated 04-02-2025 passed by learned A.C.J.M. II, Lucknow in Case Crime No. 681/2018, U/S - 379,411 I.P.C., P.S. -Gudamba, District - Lucknow seeing poorness/very much economic crisis of the applicant/family who are living in DUDA colony, in the interest of justice, in the light of Hon'ble Court's
order in case Hani Nishad @ Mohd. Imran @Vikky Vs. The State of U.P. vide order dated 29-10-2018 passed in S.L.P. (Criminal) No(s). 8914-8915/2018 in which the Hon'ble Court has been pleased to directed that the learned court below to accept the sureties and personal bond in one case and treat the same for all other cases and also by this Hon'ble Court in Criminal Misc. Case No. 9864/2024 (U/S 482 Cr.P.C.) Sagar Vs. State of U.P. order dated 18-11-2024 passed by Hon'ble Mr. Justice Saurabh Lavania J. and in some other similar cases, so the same benefit may kindly be pleased to extended to the applicant also, in the interest of justice."
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 - Lucknow are as under : (i) Case Crime No.397/2024, under Sections 304 (2), 317(2) B.N.S., P.S.- Vibhuti Khand, District-Lucknow. (ii) Case Crime No.681/2018, under Sections 379/411 I.P.C., P.S.- Gudamba, 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 applicant shall furnish two sureties of Rs.20,000/- and personal bond in Case Crime No.397/2024, under Sections 304 (2), 317(2) B.N.S., P.S.-Vibhuti Khand, District-Lucknow and the same shall be held good in other case as mentioned herein above against the applicant at District Lucknow and the applicant shall be released on bail on that sureties.
Order Date :- 12.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench