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2025 DAILYLAW 124096 (ALL)

ABHINANDAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NA528/121/2025 · 2025-02-18

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10658 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 121 of 2025 Applicant :- Abhinandan Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra,Jitendra Kushwaha 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 seven cases in which the applicant has been granted bail. Learned counsel for the applicant submits that applicant has been implicated in seven 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. 344 of 2024, under Sections 305(a), 317(2) BNS, Police Station B.K.T., District Lucknow, in which applicant has been granted bail by the court below vide order dated 23.01.2025. (ii) Case Crime No. 372 of 2024, under Sections 305(a), 331(6), 317(2) BNS, Police Station BKT, District Lucknow, in which the applicant has been granted bail by the court below vide order dated 18.01.2025. (iii) Case Crime No. 238 of 2024, under Sections 331(4), 305, 317(2) BNS, Police Station B.K.T., District Lucknow, in which the applicant has been granted bail by the court below vide order dated 29.01.2025. (iv) Case Crime No. 338 of 2024, under Sections 331(4), 305(a) BNS, Police Station B.K.T., District Lucknow, in which the applicant has been granted bail by the court below vide order dated 20.01.2025. (v) Case Crime No. 335 of 2024, under Sections 331(4), 305(a) BNS, Police Station B.K.T., District Lucknow, in which the applicant has been granted bail by the court below vide order dated 09.01.2025. (vi) Case Crime No. 281 of 2024, under Sections 305(a), 317(2) B.N.S., Police Station B.K.T., District Lucknow, in which the applicant has been granted bail by the court below vide order dated 23.01.2025. (vii) Case Crime No. 257 of 2024, under Sections 331(4), 305 B.N.S., Police Station B.K.T., District Lucknow, in which the applicant has been granted bail by the court below vide order dated 10.02.2025. 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 seven 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 seven 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