SURAJ GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/1395/2025 · 2025-02-14
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 123186 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123186 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9804
Court No. - 12 Case :- APPLICATION U/S 482 No. - 1395 of 2025 Applicant :- Suraj Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anand Kumar Singh,Karuna Shankar Bajpai 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 to permit him to submit two sureties 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 03 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.181 of 2022, under section 504, 364- A,302,201, 120-B, 34 I.P.C.,Police station Dubagga , District- Lucknow. (ii) Case Crime No. 110 of 2024, section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, Police station Dubagga District-Lucknow (iii) Case Crime No.198/under 2023, under section 3/25 Arms Act, Police station Dubagga ,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 personal bond in Case Crime No.181 of 2022, under section 504, 364-A, 302, 201, 120-B, 34 I.P.C., Police Station Dubagga , 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 :- 14.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench