Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 123645 (ALL)

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

NA528/120/2025 · 2025-02-18

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:10647 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 120 of 2025 Applicant :- Rahul Gupta Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Singh,Ashutosh Pathak,Vijay Prakash Tripathi 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. The instant application has been filed by the applicant with a 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 eight cases in which the applicant has been granted bail. Learned counsel for the applicant submits that applicant has been implicated in eight 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 : (i) Case Crime No. 501 of 2024, under Section 317(2) BNS, Police Station Gazipur, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copyof the same has been annexed as Annexure No. 1 to the affidavit. (ii) Case Crime No. 168 of 2024, under Section 331(4), 305, 317(2) BNS, Police Station Vikas Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 2 to the affidavit. (iii) Case Crime No. 492 of 2024, under Section 305(a), 331(3), 317(2) BNS, Police Station Gazipur, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 3 to the affidavit. (iv) Case Crime No. 458 of 2024, under Section 317(2), 331(4) and 305 BNS, Police Station Sarojani Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 4 to the affidavit. (v) Case Crime No. 494 of 2024, under Section 305(a), 331(4), 317(2) BNS, Police Station Gazipur, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 5 to the affidavit. (vi) Case Crime No. 303 of 2024, under Section 305(a), 331(4) and 317(2) BNS, Police Station Indira Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 6 to the affidavit. (vii) Case Crime No. 463 of 2024, under Sections 305(a), 331(4), 317(2) and 342(2) BNS, Police Station Gazipur, District Lucknow, in which the applicant has been granted bail vide order dated 27.01.2025, copy of the same has been annexed as Annexure No. 7 to the affidavit. (viii) Case Crime No. 502 of 2024, under Sections 3/25 Arms Act, Police Station Gazipur, District Lucknow, in which the applicant has been granted bail vide order dated 06.02.2025, copy of the same has been annexed as Annexure No. 8 to the affidavit. 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 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 eight 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 anticipatory 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 anticipatory bail orders in the aforesaid eight cases shall remain intact. With the aforesaid directions, the instant application stands allowed. Order Date :- 18.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench