RADHA MOHAN v. State of U.P. THRU PRINCIPAL SEC. HOME
A482/1494/2025 · 2025-02-18
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124288 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10388 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1494 of 2025 Applicant :- Radha Mohan Opposite Party :- State Of U.P. Thru Principal Sec. Home Counsel for Applicant :- Rahul 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 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 twenty cases in which the applicant has been granted bail.
Learned counsel for the applicant submits that applicant has been implicated in twenty 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. 512 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (2) Case Crime No. 514 of 2024, under Sections 305, 317(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (3) Case Crime No. 569 of 2024, under Sections 331(4), 305 B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (4) Case Crime No. 513 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (5) Case Crime No. 539 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (6) Case Crime No. 538 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated 20.09.2024. (7) Case Crime No. 577 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Pihani, District Hardoi, in which the applicant has been granted bail vide order dated
27.09.2024. (8) Case Crime No. 402 of 2024, under Sections 305(A), 331(4) B.N.S., Police Station Shahabad, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (9) Case Crime No. 242 of 2024, under Sections 305, 331(4) B.N.S., Police Station Majhila, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (10) Case Crime No. 189 of 2024, under Sections 457, 380, 441 I.P.C., Police Station Majhila, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (11) Case Crime No. 161 of 2024, under Sections 457, 380 and 411 I.P.C., Police Station Majhila, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (12) Case Crime No. 254 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Majhila, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024.
(13) Case Crime No. 253 of 2024, under Sections 305, 331(4), 317(2) B.N.S., Police Station Majhila, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (14) Case Crime No. 275 of 2024, under Sections 303(3), 317(2) B.N.S., Police Station Majhila, District Hardoi, in which the applicant has been
granted bail vide order dated 18.10.2024. (15) Case Crime No. 401 of 2024, under Sections 305(a), 331(4) B.N.S., Police Station Shahabad, District Hardoi, in which the applicant has been granted bail vide order dated 18.10.2024. (16) Case Crime No. 237 of 2024, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Banthara, District Lucknow, in which the applicant has been granted bail vide order dated
20.12.2024. (17) Case Crime No. 213 of 2024, under Sections 331(4), 305(a), 317(2) B.N.S., Police Station Banthara, District Lucknow, in which the applicant has been granted bail vide order dated
20.12.2024. (18) Case Crime No. 205 of 2024, under Sections 305 B.N.S., Police Station Kakori, District Lucknow, in which the applicant has been granted bail vide
order dated 09.12.2024. (19) Case Crime No. 212 of 2024, under Sections 305(2), 317(2) B.N.S., Police Station Banthara, District Lucknow, in which the applicant has been granted bail vide order dated 09.12.2024. (20) Case Crime No. 197 of 2024, under Sections 309(6) B.N.S., Police Station Kakori, District Lucknow, in which the applicant has been granted bail vide order dated 18.01.2025. All the bail orders of the applicant 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 bond and twenty 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 twenty 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 twenty cases shall remain intact. With the aforesaid directions the application stands allowed.
Order Date :- 18.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench