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Neutral Citation No. - 2025:AHC-LKO:20092 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 260 of 2025 Applicant :- Mulkraj Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
2. 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 with a prayer to permit him to submit one surety in all the cases in which he was roped in.
3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in four 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. 366/2024, U/s 305(a), 331(4), 317(2) B.N.S., P.S. Kaisarganj, District - Bahraich, in which the bail was granted on 10.03.2025 by learned Additional District and Sessions Judge III, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime no. 325/2024, U/s 305, 331(4), 317(2) B.N.S., P.S. Huzoorpur, District - Bahraich, in which the bail was granted on 07.03.2025 by learned III Additional District and Sessions Judge, Bahraich with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (iii) Case Crime no. 319/2024, U/s 305(a), 331(4), 317(2) B.N.S., P.S. Huzoorpur, District - Bahraich, in which the bail was granted on 07.03.2025 by learned Additional District and Sessions Judge III, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (iv) Case Crime no. 363/2024, U/s 331(4), 305, 317(2) B.N.S., P.S. Huzoorpur, District - Bahraich, in which the bail was granted on 28.02.2025 by learned Additional District and Sessions Judge III, Lucknow 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 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 a personal bond of Rs. 75,000/- and two sureties of the same amount in Case Crime no. 366/2024, U/s 305(a), 331(4), 317(2) B.N.S., P.S. Kaisarganj, District - Bahraich, then the same shall hold good in rest of the cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on those sureties.
Order Date :- 9.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench