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2025 DAILYLAW 132340 (ALL)

SACHIN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NA528/282/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19842 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 282 of 2025 Applicant :- Sachin Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Supplementary affidavit filed on behalf of the applicant today is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 3. 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 a personal bail bond and two sureties in Case Crime No. 0590 of 2024 under Section 109 IPC and Section 3/25/27 of Arms Act, 1959, P.S. Kotwali Nagar, District Sultanpur and Case Crime No. 578 of 2024 under Sections 310(2), 311, 317(3), 317(4) BNS, P.S. Kotwali Nagar, District Sultanpur. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in five 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. 0590 of 2024 under Section 109 IPC and Section 3/25/27 of Arms Act, 1959, P.S. Kotwali Nagar, District Sultanpur in which the bail was granted on 3.1.2025 by District and Sessions Judge, Sultanpur with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime No. 578 of 2024 under Sections 310(2), 311, 317(3), 317(4) BNS, P.S. Kotwali Nagar, District Sultanpur in which the bail was granted on 27.3.2025 by this Court in Crl. Misc. Bail Application No. 2357 of 2025 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has passed an order dated 4.4.2025 (annexed as Annexure SA-1) with a direction to furnish two sureties of Rs. 1,00,000/- 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 one of the two bail orders dated 27.3.2025 i.e. (i) Case Crime No. 578 of 2024 under Sections 310(2), 311, 317(3), 317(4) BNS, P.S. Kotwali Nagar, District Sultanpur (two sureties of Rs. 1,00,000/- 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 :- 8.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench