ARUN AARAKH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/114/2025 · 2025-02-21
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123641 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11352 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 114 of 2025 Applicant :- Arun Aarakh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anubhav Verma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P./opposite party no. 1. This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to pass direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the 19 cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in 19 cases and in all the cases he has been granted bail by the Court with certain conditions, the details of cases and bail orders is given hereinbelow : (1) Case Crime No. 235 of 2024, under Sections 380, 411 and 457 IPC, P.S. Beniganj, District Hardoi. (2) Case Crime No. 331 of 2024, under Sections 305A, 317(2) and 331(4) BNS, P.S. Beniganj, District Hardoi. (3) Case Crime No. 417 of 2024, under Sections 380, 411 and 457 I.P.C., P.S. Pihani, District Hardoi. (4) Case Crime No. 512 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Pihani, District Hardoi. (5) Case Crime No. 513 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Pihani, District Hardoi. (6) Case Crime No. 514 of 2024, under Sections
305, 317(2) BNS, P.S. Pihani, District Hardoi. (7) Case Crime No. 538 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Pihani, District Hardoi. (8) Case Crime No. 539 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Pihani, District Hardoi. (9) Case Crime No. 569 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Pihani, District Hardoi. (10) Case Crime No. 577 of 2024, under Sections 336(3), 318(4), 319(2), 338, 340(2) BNS, P.S. Pihani, District Hardoi. (11) Case Crime No. 161 of 2024, under Sections 380, 411 and 457 IPC, P.S. Majhila, District Hardoi. (12) Case Crime No. 189 of 2024, under Sections 380, 411, 457 IPC, P.S. Majhila, District Hardoi. (13) Case Crime No. 242 of 2024, under Sections 305, 317(2) BNS, P.S. Majhila, District Hardoi. (14) Case Crime No. 253 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Majhila, District Hardoi. (15) Case Crime No. 254 of 2024, under Sections 305, 317(2) and 331(4) BNS, P.S. Majhila, District Hardoi. (16) Case Crime No. 275 of 2024, under Sections 303(2), 317(2) BNS, P.S. Majhila, District Hardoi. (17) Case Crime No. 401 of 2024, under Sections 305a, 331(4) BNS, P.S. Shahabad, District Hardoi. (18) Case Crime No. 402 of 2024, under Sections 305a, 331(4) BNS, P.S. Shahabad, District Hardoi. (19) Case Crime No. 403 of 2024, under Sections 305a, 331(4) BNS, P.S. Shahabad, District Hardoi.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal
bond and two sureties each for the aforementioned cases. He prays that the court below may be directed to accept a personal bond of suitable amount and two sureties for all the 19 cases in which applicant has been granted bail but cannot be enlarged from jail due to his inability to arrange the personal bonds and sureties. In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, 2018 SCC OnLine SC 3946, wherein the Court in similar circumstances has
directed that the petitioner therein shall execute a personal bond for Rs. 30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein. Learned A.G.A. on the other hand submits that looking into the serious nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant. In the light of above, it is provided that the bail orders granting bail to the applicant in the aforesaid cases, stand modified to the extent that the applicant shall furnish and execute personal bond of Rs. 25,000/- and two sureties of like amount to the satisfaction of the court concerned, and the same shall hold good for all the cases mentioned herein above. Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective bail orders in the aforesaid 19 cases shall remain intact. With the aforesaid directions the application stands allowed.
Order Date :- 21.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench