HARVINDER SINGH @ JUGNU WALIA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/3713/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137814 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26443 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3713 of 2025 Applicant :- Harvinder Singh @ Jugnu Walia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Riyaz Ahmad 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 on record. 2. 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 a personal bail bond of the like amount and two sureties in all the ten cases. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in ten 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. 13/2019, U/s 302, 34, 120-B, 180 IPC & Section 3/25 Arms Act, PS- Alambagh, Lucknow in which the bail was granted on 13.2.2025 by this Court in Crl. Misc. Bail Application No. 10996 of 2024 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has fixed the bail amount i.e. a personal bond of Rs. 1,00,000/- and two sureties of the like amount on 25.4.2025. ii. Case Crime No. 146/2019, U/s 2/3 U.P. Gangsters Act, PS- Alambagh, Lucknow in which the bail was granted on 2.4.2025 by this Court in Crl. Misc. Bail Application No. 2735 of 2025 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has fixed the bail amount i.e. a personal bond of Rs. 50,000/- and two sureties of the like amount on 25.4.2025. iii. Case Crime No. 282/2021, U/s 147, 148, 149, 302, 387, 120-B IPC & Section 7 Crl. L. A. Act, PS- Alambagh, Lucknow
in which the bail was granted on 10.3.2025 by this Court in Crl. Misc.
Bail Application No. 12650 of 2024 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has fixed the bail amount i.e. a personal bond of Rs. 100,000/- and two sureties of the like amount on 25.4.2025. iv. S.T. No. 50/2012, Crime No. 78/2011, U/s 427 IPC, PS- Alambagh, Lucknow in which the bail was granted on 28.8.2024 by this Court in Crl. Appeal No. 2614 of 2024 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has fixed the bail amount i.e. a personal bond of Rs. 75,000/- and two sureties of the like amount on 25.4.2025. v. Case Crime No. 78/2022, U/s 195-A, 504, 506, 452, 120-B IPC, PS- Manak Nagar, Lucknow in which in which the bail was granted on 11.4.2025 by the Trial Court with two sureties of Rs. 30,000/- each and a personal bond of the same
amount. vi. Case Crime No. 65/2022, U/s 174-A IPC, PS- Alambagh, Lucknow in which the bail was granted on 18.7.2024 by the Trial Court with two sureties of Rs. 50,000/- each and a personal bond of the same amount. vii. Case Crime No. 55/2019, U/s 504, 506 IPC, PS- Alambagh, Lucknow in which the bail was granted on 18.7.2024 by the Trial Court with two sureties of Rs. 50,000/- each and a personal bond of the same amount. viii. Case Crime No. 308/2015, U/s 323, 504, 352, 506 IPC, PS- Alambagh, Lucknow in which the bail was granted on 16.4.2025 by the Trial Court with two sureties of Rs. 20,000/- each and a personal bond of the same amount. ix. Case Crime No. 7/2011, U/s 504, 506 IPC, PS-Alambagh, Lucknow in which the bail was granted on 18.7.2024 by the Trial Court with two sureties of Rs. 50,000/- each and a personal bond of the same amount.
X. Case Crime No. 281/2010, U/s 384, 506 IPC, PS- Alambagh, Lucknow in which the bail was granted on 18.7.2024 by the Trial Court with two sureties of Rs. 50,000/- each and a personal bond of the same amount. 4. He has further submitted that though the first bail was granted on 18.7.2024 thereafter 28.8.2024 and lastly on 11.4.2025 but he is unable to arrange twenty sureties and due to which he is languishing in jail from the last more than one and half years. 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 the personal bond and two sureties mentioned in the following three of the ten bail orders dated 13.2.2025,
2.4. 2025 and 28.8.2024 i.e. (i) Case Crime No. 13/2019, U/s 302, 34, 120-B, 180 IPC & Section 3/25 Arms Act, PS- Alambagh, Lucknow (two sureties of Rs. 1,00,000/- each and a personal bond of the same amount), Case Crime No. 146/2019, U/s 2/3 U.P. Gangsters Act, PS- Alambagh, Lucknow (two sureties of Rs. 50,000/- each and a personal bond of the same amount) and S.T. No. 50/2012, Crime No. 78/2011, U/s 427 IPC, PS- Alambagh, Lucknow (two sureties of Rs. 75,000/- each and a personal bond of the same amount) respectively, 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 :- 6.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench