RITU RAJ JALAN @ RITU RAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT.
A482/2900/2025 · 2025-04-15
Manish Kumar
body2025
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[ 2025 DAILYLAW 132095 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132095 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21193 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2900 of 2025 Applicant :- Ritu Raj Jalan @ Ritu Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Counsel for Applicant :- Sudhir Kumar Srivastava,Gauri Suwan Pandey 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 with the following prayer:-
"It is therefore most humbly and respectfully prayed that this petition under Section 482 Cr.P.C. may kindly be allowed in terms of the order dated 29.10.2018 passed by Hon'ble Supreme Court in Special Leave Petition (Crl.) No (s) 8914-8915 Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. directing the learned court below to accept two surety bond in one case and to treat the same to have been filed in other ten cases also whose details finds mention in annexure no. 1 to this petition."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in five cases. He has next submitted that the applicant is not pressing for the prayer made in the present application as far as the cases mentioned at Srl. Nos. 3, 4 & 5 in paragraph no. 8 of the affidavit as in those cases, there is no bail order passed in favour of the applicant. The applicant is pressing the relief only for the cases shown at Srl. Nos. 1 & 2, in which he has been granted bail. The details of which are as under:- (i) Crime no. 236/2022, U/s 406, 504, 506 IPC, P.S. Ghazipur, District Lucknow, in which bail was granted on 11.02.2025 by learned Sessions Judge, Lucknow with a personal bond of Rs. 50,000/- and two sureties in the like amount. (ii) Crime no. 470/2022, U/s 420, 504, 506 IPC, P.S. Vibhuti Khand, District Lucknow, in which the bail was granted on 11.03.2025 by learned Sessions Judge, Lucknow with a personal bond of Rs. 50,000/- and two sureties in the like 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 personal bail bond and two sureties mentioned in one of the three bail order dated 11.02.2025 i.e. Crime No. 236/2022, U/s 406, 504, 506 IPC, P.S. Ghazipur, District Lucknow amounting to Rs. 50,000/-, then the same shall be held good in rest of the case registered against the applicant, in which the bail has been granted, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 15.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench