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2025 DAILYLAW 128935 (ALL)

PANKAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

A482/2421/2025 · 2025-03-20

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16242 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2421 of 2025 Applicant :- Pankaj Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ram Sahay Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard 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./528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit two sureties 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 4 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 poor farmer 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- Lucknow are as under :- (i) Case Crime no. 104/2024, under Section 419, 420, 467, 468, 471 IPC Police Station Mall, District Lucknow; (ii) Case Crime no. 433/2023, under Section 323, 420, 467, 468, 471, 504 and 506 IPC, Police Station Bakshi Ka Talab, District Lucknow. (iii) Case Crime no. 712/2019, under Section 406, 419, 420, 467, 468, 471, 120-B IPC, Police Station Wazirganj, District Lucknow; (iv) Case Crime no. 28/2025, under Section 2/3 of U.P. Gangster Act, Police Station Bakshi Ka Talab, District Lucknow. 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 two sureties and bail bond in Case Crime no. 104/2024, under Section 419, 420, 467, 468, 471 IPC Police Station Mall, District Lucknow, then the same shall be held good in rest of the aforementioned cases registered against the applicant at District Lucknow and the applicant shall be released on bail on that sureties. Order Date :- 20.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench