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2025 DAILYLAW 138911 (ALL)

VIKAS UPADHYAY @ SATYA PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

NA528/407/2025 · 2025-05-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27316 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 407 of 2025 Applicant :- Vikas Upadhyay @ Satya Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Aditya Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Supplementary affidavit filed on behalf of the applicant today is taken on record, bringing on record the amount of sureties and the personal bond fixed by the court concerned in pursuance of the bail order passed by Hon'ble High Court on 9.4.2025. 2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 3. 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 main reliefs: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue an appropriate order or direction to the Learned Trial Courts below to accept two sureties from the applicant in lieu of the 4 cases against him in which he has already been bailed out vide Bail Orders dated 06.01.2025, 09.01.2025, 13.01.2025 & 09.04.2025 respectively in Case Crime No. 267/2024, U/s- 303(2), 317(2) BNS, P/s- Musafirkhana, District- Amethi Case Crime No. 137/2024, U/s- 379, 411 IPC, P/s- Munshiganj, District- Amethi; Case Crime No. 893/2024, U/s- 303(2), 317(2) IPC, P/s- Kotwali Nagar, District- Sultanpur & Case Crime No. 39/2025, U/s- 2(b)(i), 2(b)(xi) & 3 of UP Gangster & Anti-Social Activities (Prevention) Act, P/s- Musafirkhana, District- Amethi, in the interest of justice." 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in four 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. 267 of 2024 under Sections 303(2), 317(2) BNS, P.S. Musafirkhana, District Amethi in which the bail was granted on 6.1.2025 by Sessions Court on execution of two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime No. 137 of 2024 under Sections 379, 411 IPC, P.S. Munshiganj, District Amethi in which the bail was granted on 9.1.2025 by Trial Court on execution of two sureties of Rs. 20,000/- each and a personal bond of the same amount. (iii) Case Crime No. 893 of 2024 under Sections 303(2), 317(2) IPC P.S. Kotwali Nagar District Sultanpur in which the bail was granted on 13.1.2025 by Sessions Court on execution of two sureties of Rs. 70,000/- each and a personal bond of the same amount. (iv) Case Crime No. 39 of 2025 under Sections 2(b)(i), 2(b) (xi) & 3 of U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Musafirkhana, District Amethi in which the bail was granted on 9.4.2025 by this Court in Crl. Misc. Bail Application No. 2802 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 passed an order dated 6.5.2025 (annexed as Annexure SA-1) with a direction to furnish two sureties of Rs. 1,00,000/- each and a personal bond of the same amount. 5. He has further submitted that the applicant is 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 the personal bond and two sureties mentioned in the following two of the four bail orders dated 6.1.2025 i.e. (i) Case Crime No. 267 of 2024 under Sections 303(2), 317(2) BNS, P.S. Musafirkhana, District Amethi (two sureties of Rs. 50,000/- each and a personal bond of the same amount) and order dated 9.4.2025 i.e. Case Crime No. 39 of 2025 under Sections 2(b)(i), 2(b)(xi) & 3 of U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Musafirkhana, District Amethi (two sureties of Rs. 1,00,000/- each and a personal bond of the same amount) 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 :- 9.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench