ABHINAV SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/3870/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138791 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138791 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26795 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3870 of 2025 Applicant :- Abhinav Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satish Kumar,Amit Bhardwaj 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 allow the petitioner to submit a personal bond and two sureties in all above mentioned cases in paragraph no. 5 of the memo of petition in the interest of justice."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two cases, in which he has been granted bail. The details of which are as under:- (i) Case Crime no. 251/2024 under Sections 392, 411, 120- B IPC pertaining to Police Station- Krishna Nagar, District Lucknow, in which bail was granted on 14.02.2025 by learned Special Judge, SC/ST Act, Lucknow with a personal bond of Rs. 1,00,000/- alongwith two sureties each in the like amount. (ii) Case Crime no. 271/2024 under Section 307 IPC & Section 3/25 Arms Act, pertaining to Police Station- Krishna Nagar, District Lucknow, in which bail was granted on 21.04.2025 by learned Addl. District and Sessions Judge, court no. 6/Special Judge, P.C. Act, Lucknow with a personal bond of Rs. 40,000/- 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 the personal bail bond of Rs. 1,00,000/- and two sureties of the like amount mentioned in one of the two bail order dated 14.02.2025 i.e. Case Crime no. 251/2024, under Sections 392, 411, 120-B IPC pertaining to Police Station- Krishna Nagar, 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 :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench