RAKSHPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/3583/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136462 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24399 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3583 of 2025 Applicant :- Rakshpal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh 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 AGA has pointed out that in para no. 14 of the affidavit filed alongwith the present application and in prayer clause, the cases which are pending against the applicant are mentioned as eight cases whereas in para no. 8, the number of cases pending against the applicant is mentioned as only two cases. Replying to the submission put forth by learned AGA, learned counsel for the applicant has submitted that due to some typographical mistake, number of cases pending against the applicant has wrongly been transcribed as eight in para no. 14 as well as in prayer clause. He prays for rectification of the same by amending the prayer clause and para no. 14. Learned AGA has no objection in permitting the applicant to delete the number of 8 from para no. 14 as well as from prayer clause.
Learned counsel for the applicant is permitted to amend the prayer clause as well as para no. 14 of the affidavit filed alongwith the present application during the course of the day. 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 two sureties and one personal bond in all the cases.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two 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. 199/2019, U/s 307/34 IPC, P.S. Pihani, District - Hardoi, in which the bail was granted on 10.04.2025 by learned Sessions Judge, Hardoi with two sureties of Rs.50,000/- each and a personal bond of the same amount. (ii) Case Crime no. 200/2019, U/s 3/25/24 of Arms Act, P.S. Pihani, District - Hardoi, in which the bail was granted on 10.04.2025 by learned Sessions Judge, Hardoi with two sureties of Rs.50,000/- 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 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 two sureties of Rs.50,000/- each and a personal bail bond of the same amount in Case Crime no. 199/2019, U/s 307/34 IPC, P.S. Pihani, District - Hardoi, 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 :- 29.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench