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2025 DAILYLAW 132295 (ALL)

RAKESH SHARMA AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

A482/2946/2025 · 2025-04-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20051 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2946 of 2025 Applicant :- Rakesh Sharma And Another Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Abhishek Singh,Dharmendra Kumar Singh 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 has been filed by the applicant to direct the learned court of Special CJM (AP), Lucknow to take common surety of minimum reasonable amount as may be fixed by this Court for both the applicants in pursuance of anticipatory bail orders dated 16.08.2024 passed in 6044/2024 & 6054/2024 passed by learned court of Special Judge, PC, Act-V, Lucknow. Learned counsel for the applicants has submitted that an FIR was lodged against the applicants under Sections 406, 420 & 506 IPC in which by a common order dated 16.08.2024, the anticipatory bail applications preferred by the applicants separately have been decided wherein the applicants were supposed to give personal bond of Rs. 80,000/- each and two sureties of the same amount separately. It is further submitted that the applicants are ready to give personal bond of Rs. 80,000/- separately but in place of four sureties, two sureties may be made as applicants are very poor and the yearly income of the applicant no. 1 is Rs. 96,000/-. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in cases. He has next submitted that in all the cases registered against the applicant, he has been granted anticipatory bail vide Bail application No. 6044/2024 & 6054/2024, Case Crime no. 202/2023, U/s 406, 420, 506 IPC, Police Station Ashiyana, District Lucknow on 16.08.2024 by learned Special Judge, PC Act- 5/Additional Sessions Judge, Lucknow with personal bond of Rs. 80,000/- each and two sureties 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 applicants provide a personal bail bond of Rs. 80,000/- each/separately and two sureties of the same amount given in Bail Application No. 6044/2024, Case Crime no. 202/2023, U/s 406, 420, 506 IPC, P.S. Ashiyana, District Lucknow, then the sureties given in case crime no. 202/2023 shall also be held good in Bail Application No. 6054/2024. The order of court below is modified to the extent as mentioned above. Order Date :- 9.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench