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2025 DAILYLAW 132116 (ALL)

RAHIL SAHIL ANSAR @ RAHIL LANGRA, THRU. ITS BROTHER ISHMAIL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/274/2025 · 2025-04-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19479 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 274 of 2025 Applicant :- Rahil Sahil Ansar @ Rahil Langra, Thru. Its Brother Ishmail Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants 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 same bail bond and two sureties 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. 510/2024 U/s 305,331(3),3(5),317(2),BNS, Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 10.02.2025 by learned Judicial Magistrate III, Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount. (ii) Case Crime no. 502/2024 U/s 305,331(2), 3(5),317(2),BNS, Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 31.01.2025 by learned Additional District Judge/Special Judge PC Act, Court No. 2, Lucknow with two sureties of Rs.40,000/- each and a personal bond of the same amount. (iii) Case Crime no. 505/2024 U/s 305,331(3),3(5),317(2), BNS, Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 10.02.2025 by learned Judicial Magistrate III, Lucknow with two sureties of Rs.50000/- each and a personal bond of the same amount. (iv) Case Crime no. 512/2024 U/s 303(2), 317(2),BNS, Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 16.12.2024 by learned Judicial Magistrate III, Lucknow with two sureties of Rs.30,000/- each and a personal bond of the same amount. (v) Case Crime no. 513/2024 U/s 303(2),317(4),BNS, Police Station-Mariyaon, District- Lucknow.,, in which the bail was granted on 03.02.2025 by learned Special Judge, CBI (PC), Court No. 1, Lucknow with two sureties of Rs.20,000/- each and a personal bond of the same amount. (vi) Case Crime no. 83/2024 U/s 303(2), BNS, Police Station- Husaingang, District- Lucknow, in which the bail was granted on 19.12.2024 by learned Additional Chief Judicial Magistrate, Court No. 25, Lucknow with two sureties of Rs.20,000/- each and a personal bond of the same amount. (vii) Case Crime no. 209/2024 U/s 305,331(3),317(2),BNS, Police Station-Aligang, District- Lucknow, in which the bail was granted on 21.11.2024 by learned Additional District and Sessions Judge, Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount. viii) Case Crime no. 362/2024 U/s 380,411,457,34, IPC Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 05.12.2024 by learned Special Judge, CBI, Court No. 6, Lucknow, with two sureties of Rs.50,000/- each and a personal bond of the same amount. ix) Case Crime no. 419/2023 U/s 379, 411, I.P.C., Police Station-Krishna Nagar, District- Lucknow, in which the bail was granted on 18.12.2024 by learned Additional Chief Judicial Magistrate (Seven), Court No. 31, Lucknow, with two sureties of Rs.20,000/- each and a personal bond of the same amount. x) Case Crime no. 424/2024 U/s 305,331(3),3(5),317(2), BNS, Police Station-Mariyaon, District- Lucknow, in which the bail was granted on 28.11.2024 by learned Additional District and Sessions Judge, Court No. 12, Lucknow, with two sureties of Rs. 50,000/- each and a personal bond of the same amount. xi) Case Crime no. 440/2024 U/s 305,331(3),3(5),317(2), BNS, Police Station-B.K.T., District - Lucknow, in which the bail was granted on 30.01.2025 by learned Additional District Judge/Special Judge (PC) Act, Court No. 2, Lucknow with two sureties of Rs. 40,000/- each and a personal bond of the same amount. He has further submitted that the applicant is a labour class man and 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 bond and two sureties mentioned in the following three of the eleven bail orders dated 10.02.2025, 19.12.2024 and 21.11.2024 respectively i.e. (i) Case Crime no. 510/2024 U/s 305,331(3),3(5),317(2),BNS, Police Station-Mariyaon, District- Lucknow (two sureties of Rs.50,000/- each and a personal bond of the same amount) (ii) Case Crime no. 83/2024 U/s 303(2), BNS, Police Station- Husaingang, District- Lucknow ( two sureties of Rs.20,000/- each and a personal bond of the same amount) and iii) Case Crime no. 209/2024 U/s 305,331(3),317(2),BNS, Police Station-Aligang, District- Lucknow (two sureties of Rs.50,000/- 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 :- 7.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench