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2025 DAILYLAW 136653 (ALL)

ASHU RANJAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NA528/358/2025 · 2025-04-29

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24586 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 358 of 2025 Applicant :- Ashu Ranjan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhaker Prakash 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 material available on record. 2. The instant application under Section 482 Cr.P.C., now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with a prayer to allow the him to submit a personal bond and two sureties in all the cases in which he was roped in. 3. 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. 469/2024, U/s 309(6), 317(2) B.N.S., P.S. Gomti Nagar, District- Lucknow, in which the bail was granted on 24.12.2024 by the learned Additional District and Sessions Judge, Court No.1, Lucknow with a personal bond of Rs. 30,000/- and two sureties of the same amount. (ii) Case Crime no. 521/2024, U/s 74, 309(6), 317(2) B.N.S., P.S. Gomti Nagar, District- Lucknow, in which the bail was granted on 21.01.2025 by the learned Special Judge (E.C Act)/Additional District and Sessions Judge, Court No. 4, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount. 4. 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. 5. 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. 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 in case the applicant provides a personal bond of Rs. 30,000/- and two sureties of the same amount in Case Crime no. 469/2024, U/s 309(6), 317(2) B.N.S., P.S. Gomti Nagar, District - Lucknow, 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 those sureties. Order Date :- 29.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench