SARVESH TRIPATHI @ SARVESH KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.
NA528/123/2025 · 2025-02-20
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124134 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124134 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11081 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 123 of 2025 Applicant :- Sarvesh Tripathi @ Sarvesh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Rajesh Kumar 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 528 BNSS 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 six cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in six cases and in all the cases, he has been granted bail by the Court with certain conditions, the details of cases and bail orders are given hereinbelow : (i) Case Crime No. 517 of 2024, under Sections 305(c), 317(2) B.N.S., Police Station Sarojni Nagar, District Lucknow in which the applicant has been granted bail by the the trial court. (ii) Case Crime No. 518 of 2024, under Sections 305(c), 317(2) B.N.S., Police Station Sarojni Nagar, District Lucknow in which the applicant has been granted bail by the trial court. (iii) Case Crime No. 452 of 2024, under Section 305(c) B.N.S., Police Station Sarojni Nagar, District Lucknow in which the applicant has been granted bail by the trial court. (iv) Case Crime No. 477 of 2024, under Section
305(c) B.N.S., Police Station Sarojni Nagar, District Lucknow in which the applicant has been granted bail by the trial court. (v) Case Crime No. 565 of 2024, under Sections 305(c), 317(2), 318(2) B.N.S., Police Station Gosaiganj, District Lucknow in which the applicant has been granted bail by the trial court. (vi) Case Crime No. 654 of 2024, under Section 305(c), 317(2) B.N.S., Police Station Sushant Golf City, District Lucknow in which the applicant has been granted bail by the trial court. All the bail 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 him to arrange separate personal bonds and two sureties each for the aforementioned cases. He next submits that the applicant in Case Crime No. 517 of 2024, under Sections 305(c), 317(2) B.N.S., Police Station Sarojni Nagar, District Lucknow 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 all the remaining five cases, in which applicant has also 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 personal bond and two sureties which have been furnished in Case Crime No. 517 of 2024 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 six cases shall remain intact. With the aforesaid directions the application stands allowed.
Order Date :- 20.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench