DHARMU YADAV @ SUNIL YADAV @ DEEPAK YADAV v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO.
A482/3274/2025 · 2025-04-17
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134652 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134652 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21635 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3274 of 2025 Applicant :- Dharmu Yadav @ Sunil Yadav @ Deepak Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Hari Prasad,Vikas Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.
2. This instant application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been filed by the applicant with following prayer:
"to direct the learned courts concerned not to insist the petitioner to file the separate surety bonds in each and every four(4) case and accept only two sureties and one personal bond in lieu of all cases (mentioned on Para 5 of the memo of petition) in the interest of justice."
3. Learned counsel for the applicant has submitted that the applicant has been granted bail in all the four criminal cases by the court below, the copy of the bail orders are collectively enclosed as Annexure No. 1 to the application. The details of criminal cases pending against the applicants are as under:-
"1. Case Crime No.-7/2021, U/S-392, 411 IPC, Police Station.- Saadatganj, District-Lucknow, granted bail by by order dated 05.02.2025 with personal bond of Rs.50,000/- and two sureties of the same amount.
2. Case Crime No.-25/2021, U/S-379, 411 IPC, Police Station- Gosainganj, District-Lucknow, granted bail by order dated 21.03.2025 with personal bond of Rs.75,000/- and two sureties of the like amount.
3. Case Crime No.-33/2021, U/S-392, 411 IPC, Police Station. -Tal Katora, District-Lucknow, granted bail by order dated 26.03.2025 with personal bond of Rs.50,000/- and two sureties of the same amount.
4. Case Crime No.-49/2021, U/S-392 IPC, Police Station.-
Madiyaon District-Lucknow, granted bail by order dated 08.08.2022 with a personal bond of Rs.50,000/- and two sureties of the same amount."
4. Learned counsel for the applicant has further submitted that the applicant is ready to give person bond in each and every case but there is difficulty in getting sureties of 8 persons for all the four cases and prayed that the court concerned may be
directed to accept only four sureties i.e. two sureties of Rs.50,000/- in two cases and the same shall hold good in rest of the cases registered against the applicant.
5. Learned counsel for the applicant has relied upon the the
judgment of the Hon'ble Supreme Court in {S.L.P (Crl) Nos. 8914-8915 of 2018}, Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others .
6. Learned A.G.A. submits that he does not want to file any counter affidavit.
7. 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 as per submission made by the learned counsel for the applicant, the applicant will provide a bail bond according to the bail order in each and every case and two sureties of Rs.50,000/- in Case Crime No.-7/2021, U/S-392, 411 IPC, Police Station.- Saadatganj, District-Lucknow and two sureties of Rs.50,000/- in Case Crime No.-33/2021, U/S-392, 411 IPC, Police Station -Tal Katora, District-Lucknow, the same shall hold good in rest of the cases registered against the applicant and the applicant shall be released on bail on that sureties.
Order Date :- 17.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench