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2025 DAILYLAW 132154 (ALL)

SMT. SAROJ DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

A482/2977/2025 · 2025-04-09

Manish Kumar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20114 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2977 of 2025 Applicant :- Smt. Saroj Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Gauri Suwan Pandey,Sudhir Kumar Srivastava 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 with the following main 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 Imarn @ Vikky versus 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 of this petition." Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 2 cases. He has next submitted that he has been granted bail by the court concerned in the said two cases, the details of are as under : (i) Case Crime no. 368/2023, U/s 406, 420 IPC, P.S. Gomti Nagar, District - Lucknow, in which the bail was granted on 20.02.2025 by District and Sessions Judge Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount. (ii) Case Crime no. 470/2022, U/s 406, 420, 504 and 506 IPC, P.S. Vibhuti Khand, District - Lucknow, in which the bail was granted on 11.03.2025 by District and Sessions Judge Lucknow 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 aforesaid two cases in compliance of bail orders passed therein. 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 two sureties of Rs.50,000/- each and a personal bail bond of the same amount in Case Crime no. 368/2023, U/s 406, 420 IPC, P.S. Gomti Nagar, District - Lucknow, then the same shall be held good in another case registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties. Order Date :- 9.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench