NILOFAR @ GITTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/111/2025 · 2025-02-19
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123913 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10928 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 111 of 2025 Applicant :- Nilofar @ Gitta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhaker Prakash 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 a direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the two cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in two cases and in both of them, she has been granted bail by the court below with certain conditions, the details of cases and bail orders is given hereinbelow : (i) Case Crime No. 613 of 2024, under Sections 305(a), 317(2) and 331(4) B.N.S., Police Station Krishna Nagar, District Lucknow. (ii) Case Crime No. 205 of 2024, under Sections 305(a), 317(2) and 331(4) B.N.S., Police Station Bazar Khala, District Lucknow. Both the orders have been annexed as Annexure No. 1 to the affidavit.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for her to arrange separate personal bond and two sureties each for the aforementioned cases. He next submits that the applicant, in Case Crime No. 613 of 2024, has already furnished a personal bond and two sureties. He prays that the court below may be
directed to accept the said personal bond and two
sureties for the remaining case, in which applicant has also been granted bail but cannot be enlarged from jail due to her 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 registered against her, in the interest of justice, surety of high amount may be fixed which will hold good for both 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 personal bond and two sureties which have already been furnished in Case Crime No. 613 of 2024 shall hold good for both 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 both the aforesaid cases shall remain intact. With the aforesaid directions the application stands allowed.
Order Date :- 19.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench