GAURAV @ GAURAV SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/2930/2025 · 2025-04-07
Manish Kumar
body2025
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[ 2025 DAILYLAW 131972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131972 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19468 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2930 of 2025 Applicant :- Gaurav @ Gaurav Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sumit Chauhan 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. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit one surety 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 eleven 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. 620/2024, U/s 305A, 317 (4) and 331(4) B.N.S., P.S. Kotwali Sadar, District Lakhimpur Kheri, in which bail was granted on 15.01.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.75,000/- each and a personal bond of the same amount. (ii) Case Crime no. 676/2024, U/s 305A, 331(4), 317(2) and 317 (4) B.N.S., P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail was granted on 15.01.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs. 75,000/- each and a personal bond of the same amount. (iii) Case Crime no. 664/2024, U/s 305 A, 331(4), 317(2) and 317(4) B.N.S., P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail was granted on 15.01.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.75,000/- each and a personal bond of the same amount. (iv) Case Crime no. 632/2024, U/s 305 A, 317(2), 317(4) B.N.S., P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail was granted on 27.01.2025 by learned Additional Sessions Judge, Court No. 1, Barabanki with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (v) Case Crime no. 543/2024, U/s 380, 413 IPC., P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail
was granted on 27.01.2025 by learned Incharge Sessions Judge, Lakhimpur Kheri with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (vi) Case Crime no. 561/2024, U/s 380 IPC, P.S. Kotwali Sadar, District Lakhimpur Kheri,, in which the bail was granted on 27.01.2025 by learned Incharge Sessions Judge, Lakhimpur Kheri with two sureties of Rs.50,000/- each and a personal bond of the same amount. (vii) Case Crime no. 187/2024, U/s 457, 380, 411 IPC, P.S. Fardhan, District Lakhimpur Kheri, in which the bail was granted on 14.02.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.50,000/- each and a personal bond of the same amount. (viii) Case Crime no.
131/2024, U/s 457, 380, 411 IPC, P.S. Fardhan, District Lakhimpur Kheri,, in which the bail was granted on 14.02.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.50,000/- each and a personal bond of the same amount. (ix) Case Crime no. 629/2024, U/s 305A, 317(2), 317(4), 331(4) B.N.S. P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail was granted on 05.03.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.1,00,000/- each and a personal bond of the same amount. (x) Case Crime no. 394/2024, U/s 457, 380, 411 IPC, P.S. Kotwali Sadar, District Lakhimpur Kheri, in which the bail was granted on 05.03.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs.1,00,000/- each and a personal bond of the same amount. (xi) Case Crime no. 307/2024, U/s 457, 380, 411, 413 IPC, P.S. Kheri, District Lakhimpur Kheri, in which the bail was granted on 19.03.2025 by learned Sessions Judge, Lakhimpur Kheri with two sureties of Rs. 50,000/- each and a personal bond 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 the bail bonds and two sureties mentioned in the following two of the eleven bail orders dated 15.01.2025 & 19.03.2025 respectively i.e. (i) crime no. 620/2024, under Sections 305-A, 317(4) and 331(4) B.N.S., P.S. Kotwali Sadar, District Lakhimpur Kheri amounting to Rs. 75,000/- and (ii) crime no. 307/2024, under Sections 457, 380, 411 & 413 IPC, P.S. Kheri, District Lakhimpur Kheri amounting to Rs. 50,000, 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 :- 7.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench