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2025 DAILYLAW 130219 (ALL)

AMIT VERMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NA528/238/2025 · 2025-03-25

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17077 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 238 of 2025 Applicant :- Amit Verma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan 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 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and a 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 six 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. 79/2025 Under Sections 317(2) B.N.S. Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount. (ii) Case Crime no. 27/2025 Under Sections 305(A), 331(4) B.N.S. Police Station Safdarganj Barabanki,in which the applicant has been released on bail by order dated 04.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount. (iii) Case Crime no. 43/2025 Under Sections 305(Ka), 317(2) B.N.S. Police Station Jaidpur Barabanki,in which the applicant has been released on bail by order dated 12.02.2025 by the Chief Judicial Magistrate, Court No.18 Barabanki with a personal bond of Rs.20,000/- and two sureties of the same amount. (iv) Case Crime no. 75/2025 Under Sections 305, 331(4) B.N.S. Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 10.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount. (v) Case Crime no. 77/2025 Under Sections 305, 317(2) B.N.S. Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount. (vi) Case Crime no. 78/2025 Under Sections 109 BNS and 3/25/27 Arms Act Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Learned Session Judge, Barabanki with a personal bond of Rs.30,000/- and two sureties of the same amount. 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. 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 of Rs.50,000/- and a persona bail bond of the same amount in Case Crime no. 79/2025 Under Sections 317(2) B.N.S. Police Station Satrikh Barabanki, 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 :- 25.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench