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2025 DAILYLAW 126673 (ALL)

RAJU v. STATE OF U.P. THRU. ITS PRIN. SECY. LKO.

A482/2005/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13200 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2005 of 2025 Applicant :- Raju Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Lko. Counsel for Applicant :- Satyam Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Satyam Pandey, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit one surety and personal bond in all the cases in which he was roped in. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 03 cases. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is a very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant at District -Ayodhya are as under : (i) Case Crime No. 0696/2023, Under Section 402, 399 I.P.C. & 7/25 (8) Arms Act, Police Station-Kotwali Ayodhya, District- Ayodhya. (ii) Case Crime No.0046/2024, Under Station 402, 399 I.P.C. & 25(8) Arms Act, Police Station- Kotwali Ayodhya, District- Ayodhya. (iii) Case Crime No.0072/2024, Under Station- 402, 399 I.P.C., Police Station- Kotwali Ayodhya, District-Ayodhya. Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. Learned A.G.A. submits that he does not want to file any counter affidavit. Considering the observations made by the Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and also the observations made by this Court in the case of Shivam Gupta @ Shubham @ Lavi vs. State of U.P. through Secretary Home Civil Sectt. Lko (Application U/S 482 No.466 of 2024) as well as in Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023), the present application is allowed with a direction that in case the applicant provides one surety and bail bond in Case Crime No. 0696/2023, Under Sections 402, 399 I.P.C. & 7/25 (8) Arms Act, Police Station-Kotwali Ayodhya, District- Ayodhya, then the same shall be held good in rest of the cases registered against the applicant at District Ayodhya and the applicant shall be released on bail on that surety. Order Date :- 4.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench