ABHISHEK MAURYA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO.
A482/2781/2025 · 2025-04-11
Manish Kumar
body2025
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[ 2025 DAILYLAW 131295 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131295 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20811 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2781 of 2025 Applicant :- Abhishek Maurya Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Satyam Pandey 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 a prayer to direct the Chief Judicial
Magistrate,
Ayodhya
to
enlarge
the applicant/accused on a single surety in Case Crime No. 0165 of 2024 under Sections 379, 411 IPC, P.S. Kotwali Ayodhya, District Ayodhya and Case Crime NO. 0175 of 2024 under Sections 379, 411 IPC, P.S. Kotwali Ayodhya, District Ayodhya in which the applicant/accused has already been granted bail by the court below but due to unavailability to arrange the sureties for each case has not been released from jail.
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. 0165 of 2024 under Sections 379, 411 IPC, P.S. Kotwali Ayodhya, District Ayodhya in which the bail was granted on 29.6.2024 by the Incharge Sessions Judge, Ayodhya with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime No. 175 of 2022 under Sections 379, 411 IPC, P.S. Kotwali Ayodhya, District Ayodhya in which the bail was granted on 29.6.2024 by the Incharge Sessions Judge, Ayodhya with two sureties of Rs. 100,000/- 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 one of the two bail orders dated 19.6.2024 i.e. (i) Case Crime No. 175 of 2022 under Sections 379, 411 IPC, P.S. Kotwali Ayodhya, District Ayodhya (two sureties of Rs. 1,00,000/- 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