MAKSUD v. STATE OF U.P. THRU. PRIN. SECY, HOME LKO
A482/3705/2025 · 2025-05-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137586 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25180 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3705 of 2025 Applicant :- Maksud Opposite Party :- State Of U.P. Thru. Prin. Secy, Home Lko Counsel for Applicant :- Rajeev Kumar Mishra Rudra 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 by the applicant with the following prayer:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Court Below Lucknow not to insist the petitioner to file surety bond in each and every 7 Cases and accept only two sureties in lieu of all the abovementioned 7 Cases, in the interest of justice."
Learned counsel for the applicant has submitted that due to inadvertent mistake, the case shown at Serial No. (vii) in para 4, the bail has yet not been granted to the applicant, as such the applicant does not want to press the relief prayed in the present application as far as it is related to the case shown at Serial No. (vii) in para 4 and the same may be dismissed as not pressed with liberty to file afresh at the appropriate stage. In view of above, the present application is dismissed as not pressed as far as the case shown at Serial No. (vii) in para 4 with liberty to file afresh at the appropriate stage.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in six cases, in which he has been granted bail. The details of which are as under:- (i) Crime no. 480/2024 under Sections 379, 411 IPC pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 24.12.2024 by learned Additional Sessions Judge, Court no. 4/ Special Judge (E.C. Act), Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. (ii) Crime no. 325/2024 under Sections 379, 411 IPC
pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 10.01.2025 by learned Additional Sessions Judge, Court no. 4/ Special Judge (E.C. Act), Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. (iii) Crime no. 477/2024 under Sections 379, 411, 413, 419, 420, 467, 468, 471 IPC pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 11.02.2025 by learned Incharge Sessions Judge, Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. (iv) Crime no. 481/2024 under Sections 379, 411 IPC pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 25.07.2024 by learned Sessions Judge, Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. (v) Crime no. 479/2024 under Sections 379, 411 IPC pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 10.01.2025 by learned Additional Sessions Judge, Court no. 4/ Special Judge (E.C. Act), Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. (vi) Crime no. 414/2024 under Sections 379, 411, 413 IPC pertaining to Police Station- Kotwali Nagar, District Gonda, in which bail was granted on 23.01.2025 by learned Additional Sessions Judge, Court no. 4/ Special Judge (E.C. Act), Gonda with a personal bond of Rs. 50,000/- alongwith two sureties each in the like 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 a personal bond of Rs. 50,000/- and two sureties of the same amount in Case Crime No. 480/2024, U/S 379 & 411 IPC, P.S. Kotwali Nagar, District Gonda and a personal bond of Rs. 50,000/- and two sureties of the same amount in Case Crime No. 325/2024, U/S 379 & 411 IPC, P.S. Kotwali Nagar, District Gonda, then the same shall be held good in rest of the cases registered against the applicant, in which the bail has been granted, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 1.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench