SANTOSH YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO.
NA528/103/2025 · 2025-02-13
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 123210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123210 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9494 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 103 of 2025 Applicant :- Santosh Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. Counsel for Applicant :- Ram Krishna Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned A.G.A. for the State of U.P. and perused the material on record. The instant application has been filed by the applicants for the following main reliefs:-
"For the facts reasons and circumstances mentioned in accompanying affidavit filed in support of application under section 528 B.N.S.S., it is most respectfully prayed that this Hon'ble court may kindly be pleased to pass appropriate order exercising its inherent jurisdiction by directing the learned Court of Chief Judicial Magistrate, Lucknow as well as to the learned court of Special Chief Judicial Magistrate (Custom), Lucknow/concerned court to release the applicants/accused in first information report No.549/2024, under section- 303 (2) & 317 (2) Β.Ν.S., police Station Gomti Nagar, District - Lucknow in compliance of order dated 03.02.2025 passed by the learned court of Additional Session Judge /Special Judge, CBI, Court Number-III, Lucknow in Bail application No.665 of 2025 moved by the applicants/ accused in FIR No.549/2024 on the basis of a personal bond of Rs. 50,000/- alongwith two reliable sureties of Rs. 50,000/- each which have already been furnished/filed by the applicants/accused before the court of Special Chief Judicial Magistrate(Custom), Lucknow on 08.01.2025 in First Information Report No.01/2025, in compliance of bail order dated 06.01.2025 passed by learned court of Special Chief Judicial Magistrate(Custom), Lucknow in bail application moved by the applicants in First Information Report No.01/2025. It is further prayed that the aforesaid personal bond of Rs. 50,000/-and two reliable sureties of Rs. 50,000/- each filed by the applicants/accused in FIR No.01/2025 may be taken as sufficient and good for all the two cases i. e. FIR No.01/2025, under section-303 (2) & 317 (2) B.N.S., police Station- Gazipur, District - Lucknow and FIR No.549/2024, under section- 303 (2) & 317 (2) B.N.S., police Station- Gomti Nagar, District- Lucknow lodged against the applicants/accused."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two cases. He 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 follows:-
(i) FIR No.01/2025, under Section-303 (2) & 317 (2) B.N.S., Police Station- Gazipur, District - Lucknow. (ii) FIR No.549/2024, under Section- 303 (2) & 317 (2) B.N.S., Police Station- Gomti Nagar, 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. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and it is directed that the surety(s) and persons bond(s) already submitted by the applicant in FIR No. 01/2025, if found proper, shall hold good for another case i.e. FIR No.549/2024.
Order Date :- 13.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench