Neutral Citation No. - 2025:AHC-LKO:23198 Court No. - 14 Case :- APPLICATION U/S 483 No. - 347 of 2025 Applicant :- Kuldeep Singh Chauhan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Vijay Lakshmi Singh,Abhishek Vishwakarma 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. At the very outset, learned counsel for the applicant has submitted that due to inadvertent typographical mistake, Section 483 Cr.P.C./529 B.N.S.S. has wrongly been transcribed in place of Section 482 Cr.P.C./528 B.N.S.S., thus, the present case may be treated as has been filed under Section 482 Cr.P.C./528 B.N.S.S.. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. In view of the aforesaid, the present case shall now be treated as it has been filed under Section 482 Cr.P.C./528 B.N.S.S. The instant application under Section 482 Cr.P.C./528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with following main reliefs:- Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to allow this petition under Section 483 Cr.P.C/.529 B.N.S.S. issuing a direction to the court of Chief Judicial Magistrate/concern Magistrate Lucknow for accepting one surety of heavy amount in one case and immediately released the petitioner in all other cases on furnishing his personal bond. " Learned counsel for the applicant submits that the applicant does not want to press the present case, at this stage, as far as it is related with the cases mentioned at serial nos. 3 to 5 in paragraph no. 4 of the affidavit filed with the present case and the same may be dismissed as not pressed with liberty to file afresh case, at appropriate stage. Although, it is further submitted that the applicant wants to press the present case in respect of the two cases, which is pending in district Lucknow, mentioned at serial no. 1 and 2 of paragraph no. 4 of the affidavit filed with the present case. It is further submitted that the applicant is innocent and he has falsely been implicated in 2 cases mentioned at serial number 1 and 2 of the affidavit filed with the present case. 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. 0093/2021, U/s 406/420 IPC., P.S. Malihabad, District - Lucknow, in which the bail was granted on 13.12.2024 by learned Special Judge (Prevention of Corruption Act, C.B.I. Court No. 3, Lucknow with two sureties of Rs.30,000/- each and a personal bond of the same amount. (ii) Case Crime no. 146/2021, U/s 406 IPC., P.S. Aliganj, District - Lucknow, in which the bail was granted on 13.12.2024 by learned Special Judge (Prevention of Corruption Act, C.B.I. Court No. 3, Lucknow with two sureties of Rs.30,000/- 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 as far as the cases mentioned at serial nos. 1 and 2 in para no. 4 of the affidavit filed alongwith the present case, with a direction that in case the applicant provides two sureties of Rs. 30,000/- each and a personal bail bond of the same amount in Case Crime no. 0093/2021, U/s 406/420 IPC., P.S. Malihabad, District - Lucknow, then the same shall be held good in another case registered in district Lucknow against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties. Present case is dismissed as not pressed in respect of the cases mentioned at serial nos. 3 to 5 in para no. 4 of the accompanying affidavit filed in support of the present case with liberty to move a fresh case, at appropriate stage. Order Date :- 23.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench