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2025 DAILYLAW 129447 (ALL)

SAMBHARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

A482/2881/2025 · 2025-04-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20772 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2881 of 2025 Applicant :- Sambhari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Anil Kumar Yadav,Devansh Singh Chauhan,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 2. The instant application under Section 482 Cr.P.C./528 BNSS has been filed with the following main reliefs: "For the facts, reasons and circumstances, stated in the accompanying affidavit, filed in support of the present application under Section 482 Cr.P.C./ 528 BNSS, it is most respectfully prayed that this Hon'ble Court may be graciously be pleased to grant reprieve to the petitioner to the extent that direction may be issued to direct the Learned court below not to insist the petitioner to file separate surety bonds in each and every 6 cases and accept only one/two surety in lieu of all the above mentioned 6 cases, in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in all the cases. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned, the details of are as under : (i) Case Crime No. 166 of 2020 under Sections 457, 380, 411 IPC, P.S. Badosarai, District Barabanki in which the bail was granted on 29.8.2023 by the Sessions Judge, Barabanki with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime No. 230 of 2020 under Sections 457, 380 and 411 IPC, P.S. Masauli, District Barabanki in which the bail was granted on 30.9.2023 by Incharge Sessions Judge, Barabanki with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (iii) Case Crime No. 112 of 2020 under Sections 457, 380 and 411 IPC, P.S. Baddupur District Barabanki in which the bail was granted on 6.10.2023 by Incharge Sessions Judge, Barabanki with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (iv) Case Crime No. 433 of 2020 under Sections 457, 380 and 411 IPC, P.S. Ram Nagar, District Barabanki in which the bail was granted on 19.7.2023 by Sessions Judge, Barabanki with two sureties of Rs. 1,00,000/- each and a personal bond of the same amount. (v) Case Crime No. 56 of 2020 under Section 460 IPC, P.S. Ram Nagar, District Barabanki in which the bail was granted on 6.2.2024 by this Court in Crl. Misc. Bail Application No. 1109 of 2024 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. (vi) Case Crime No. 544 of 2020 under Sections 3/25 Arms Act, P.S. Ram Nagar, District Barabanki in which the bail was granted on 13.2.2025 by Additional Sessions Judge, Barabanki with two sureties of Rs. 50,000/- each and a personal bond of the same amount.. 4. He has further submitted 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. 5. 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. 6. Learned A.G.A. submits that he does not want to file any counter affidavit. 7. 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 cases 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 the personal bond and two sureties mentioned in the following two of the six bail orders dated 29.8.2023 i.e. (i) Case Crime No. 166 of 2020 under Sections 457, 380, 411 IPC, P.S. Badosarai, District Barabanki (two sureties of Rs. 50,000/- each and a personal bond of the same amount) and 19.7.2023 i.e. (iv) Case Crime No. 433 of 2020 under Sections 457, 380 and 411 IPC, P.S. Ram Nagar, District Barabanki (two sureties of Rs. 100,000/- each and a personal bond of the same amount) then the same shall be held good in rest of the cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties. Order Date :- 11.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench