Neutral Citation No. - 2025:AHC-LKO:24528 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3624 of 2025 Applicant :- Firoj Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi 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./528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with following main reliefs:- " For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue a direction to the learned Trial Court/learned Magistrate to accept one personal bond and two sureties for all 8 cases in which the petitioner has been granted bail in the light of direction laid down by Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Viccky Vs. State of U.P. (SLP Criminal No. 8914- 8915/2018, in the interest of justice. " 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. 1 and 8 in paragraph no. 6 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 6 cases, which is pending in district Bahraich, mentioned at serial nos. 2 to 7 of paragraph no. 6 of the affidavit filed with the present case. It is further submitted that the applicant is innocent and he has falsely been implicated in 6 cases mentioned at serial number 2 to 7 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 cases, the details of are as under : (i) Case Crime no. 444/2023, U/s 3(1) of the U.P. Gangsters Act and Anti Social Activities (Prevention) Act, 1985, P.S. Kaisarganj, District - Bahraich, in which the bail was granted on 29.02.2024 by this Court with two sureties of Rs.20,000/- each and a personal bond of the same amount. (ii) Case Crime no. 312/2023, U/s 380, 411 and 457 IPC , P.S. Kaisarganj, District - Bahraich, in which the bail was granted on 29.11.2023 by Sessions Judge, Bahraich with two sureties of Rs.50,000/- each and a personal bond of the same amount. (iii) Case Crime no. 338/2023, U/s 380, 411 and 457 IPC , P.S. Kaisarganj, District - Bahraich, in which the bail was granted on 04.01.2024 by Sessions Judge, Bahraich with two sureties of Rs.50,000/- each and a personal bond of the same amount. (iv) Case Crime no. 230/2023, U/s 380 and 457 IPC , P.S. Fakharpur, District - Bahraich, in which the bail was granted on 03.01.2024 by Sessions Judge, Bahraich with two sureties of Rs.50,000/- each and a personal bond of the same amount. (v) Case Crime no. 260/2023, U/s 380 and 457 IPC , P.S. Baundi, District - Bahraich, in which the bail was granted on 20.11.2023 by Sessions Judge, Bahraich with two sureties of Rs.1,00,000/- each and a personal bond of the same amount. (vi) Case Crime no. 380/2023, U/s 380 and 457 IPC , P.S. Kotwali Nanpara, District - Bahraich, in which the bail was granted on 14.12.2023 by Sessions Judge, Bahraich 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 aforesaid six 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. 2 to 7 in para no. 6 of the affidavit filed alongwith the present case with a direction that in case the applicant provides the personal bond and two sureties mentioned in the following two of the six bail orders dated 20.11.2023 and 04.01.2024 respectively i.e. (i) Case Crime no. 260/2023, U/s 380 and 457 IPC , P.S. Baundi, District - Bahraich(two sureties of Rs.1,00,000/- each and a personal bond of the same amount) and (ii) Case Crime no. 338/2023, U/s 380, 411 and 457 IPC , P.S. Kaisarganj, District - Bahraich ( two sureties of Rs.50,000/- each and a personal bond of the same amount) 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. Present case is dismissed as not pressed in respect of the cases mentioned at serial nos. 1 and 8 in para no. 6 of the accompanying affidavit filed in support of the present case with liberty to move a fresh case, at appropriate stage. Order Date :- 29.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench