ABHISHEK @ RITIK v. STATE OF U.P. THRU. ADDL. / PRIN. SECY. HOME DEPTT. LKO.
NA528/408/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138903 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26858 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 408 of 2025 Applicant :- Abhishek @ Ritik Opposite Party :- State Of U.P. Thru. Addl. / Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Priya Singh,Charu Singh,Trideep Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Learned counsel for the applicant has provided a photocopy of the order dated 02.05.2020, passed by the Chief Judicial Magistrate, fixing the amount of sureties and bail bond, during the course of the day, which is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material available on record.
3. The instant application under Section 482 Cr.P.C., now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with a prayer to allow the him to submit a personal bond and two sureties in all the cases in which he was roped in.
4. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two 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. 46/2025, U/s 140(2), 115(2), 352 B.N.S., P.S. P.G.I, District- Lucknow, in which the bail was granted on 04.03.2025 by the learned Special Judge, P.C Act- 5/Additional District Judge, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount. (ii) Case Crime no. 38/2025, U/s 140(2), 115(2), 352, 351(3) B.N.S., P.S. Sushant Golf City, District- Lucknow, in which the bail was granted on 29.04.2025 by the learned Chief Judicial Magistrate, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.
5. 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.
6. 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.
7. Learned A.G.A. submits that he does not want to file any counter affidavit.
8. 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 Rs. 25000/- each in Case Crime no. 46/2025, U/s 140(2), 115(2), 352 B.N.S., P.S. P.G.I, District- Lucknow, 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 those sureties.
Order Date :- 7.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench