SAGAR v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO.
A482/3446/2025 · 2025-04-23
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135870 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135870 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23022 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3446 of 2025 Applicant :- Sagar Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Mohd. Haroon,Gitesh Shukla 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":-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to pass an order or direction to the court below to accept one surety of Rs. 20,000/- (Rs. Twenty Thousand) in the S.T. No. 909 of 2022 arising out of case crime No. 411 of 2021 Under section 376, 506, IPC Police Station Krishna Nagar, District Lucknow, in which the petitioner has been granted bail."
Learned counsel for the applicant has submitted that the applicant is ready to submit personal bail bond of Rs. 80,000/- but it is very difficult for him to give two sureties of the same amount as he is very poor labour and it is impossible for him to arrange two sureties of such huge amount, thus, the amount of surety may be reduced as per Section 440 Cr.P.C.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in only one case. He has next submitted that he has been granted bail by this Court in the said case, the details of are as under : (i) Case Crime no. 411/2021, U/s 376 and 506 IPC, P.S. Krishna Nagar, District - Lucknow, in which the bail was granted on 10.04.2025 by this Court and in pursuance thereof, the Additional Sessions Jude, Court No. 1, Lucknow has stipulated two sureties of Rs.80,000/- each and a personal bond of the same amount for releasing him.
He has further submitted that the applicant is a very poor person and not in a position to furnish huge sureties in aforesaid case in compliance of bail order 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 one surety of Rs.40,000/- and a personal bail bond of Rs. 80,000/- in Case Crime no. 411/2021 Under sections 376 and 506 IPC Police Station Krishna Nagar, District Lucknow, then the same shall be held good in the case registered against the applicant, as mentioned above, and the applicant shall be released on bail on that surety.
Order Date :- 23.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench