MANOJ YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
NA528/394/2025 · 2025-05-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138111 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138111 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26224 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 394 of 2025 Applicant :- Manoj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Krishna Gopal,Arun Kumar,Dinesh Yadawa 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 record.
2. This instant application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been filed by the applicant with following prayer:
"To allow the petitioner a personal bond and two sureties in the all cases (mentioned in the para no- 5 of the memo of the petition), in the interest of justice."
3. Learned counsel for the applicant has submitted that the applicant has been granted bail in three criminal cases by the court below, the copy of the bail orders are enclosed as Annexure Nos. 1 to 3 of the application. The details of criminal cases pending against the applicant are as under:- a) Case Crime No. 0027/2025, U/S-303(2) BNS, Police Station- Mahiganwa, District- Lucknow, bail granted by
order dated 24.04.2025 with a personal bond of Rs. 50,000/- and two sureties of the same amount. b) Case Crime No. 0022/2025, U/S 303(2), 317(2) BNS, Police Station-Malihabad, District- Lucknow, bail granted by
order dated 24.04.2025 with a personal bond of Rs.50,000/- and two sureties of the same amount. c) Case Crime No. 0037/2025, U/S 303(2), 317(2) BNS, Police Station-Malihabad, District- Lucknow, bail granted by
order dated 24.04.2025 with a personal bond of Rs.50,000/- and two sureties of the same amount.
4. Learned counsel for the applicant has further submitted that there is no difficulty in submitting the personal bond in each case but it is very difficult for the applicant to arrange the sureties in each case and prayed that the court concerned may be directed to accept personal bond in each and every case, as directed by the court concerned and two sureties of Rs. 50,000/-, only in one case.
5. Learned counsel for the applicant has relied upon the
the judgment of the Hon'ble Supreme Court in {S.L.P (Crl) Nos. 8914-8915 of 2018}, Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others.
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 personal bond according to the bail orders granted by court concerned in each and every case and two sureties of Rs.50,000/- in the case mentioned at Serial No.(a) i.e. Case Crime No. 0027/2025, U/S-303(2) BNS, Police Station- Mahiganwa, District- Lucknow, 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 :- 5.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench