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2025 DAILYLAW 141980 (ALL)

VIPIN KESARWANI v. STATE OF U.P. THRU. PRIN. SECY. SECY. DEPTT. OF HOME LKO.

NA528/531/2025 · 2025-06-04

Rajnish Kumar

body2025

Judgment text

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Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 531 of 2025 Applicant :- Vipin Kesarwani Opposite Party :- State Of U.P. Thru. Prin. Secy. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Aditya Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Shri Giriraj Prajapati,Advocate holding brief of Sri Aditya Tiwari, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. This application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed by the applicant with a prayer for a direction to the learned trial court below to accept two sureties from the applicant in lieu of the four cases against him in which he has already been bailed out vide bail orders dated 29.03.2025, 15.04.2025 and 02.05.2025 respectively in Case Crime No.575/2024, under Section 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, P.S. Gomti Nagar, District Lucknow, Case Crime No.296/2024, under Section 303(2), 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, Police Station-Vibhuti Khand, District-Lucknow, Case Crime No.498/2024, under Section 303(2), 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, Police Station Gomti Nagar, District Lucknow, Case Crime No.499/2024, under Section 303(2), 317(4), 112 BNS, Police Station Gomti Nagar, District Lucknow. Learned counsel for applicant submits that he has been roped in four cases on account of arrest in one case. He has been granted bail in all cases but he is not in a position to arrange eight sureties, therefore, he has not been released. He further submits that a direction may be issued to learned court below not to insist the accused/applicant to file separate sureties and bonds in each and every case and accept only two sureties and one personal bond in lieu of all four cases mentioned as under:- "(i) Case Crime No.575/2024, under Section 317(2), 317(4),317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, Police Station Gomti Nagar, District Lucknow. (ii) Case Crime No.296/2024, under Section 303(2), 317(2),317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, Police Station Vibhuti Khand, District Lucknow (iii)Case Crime No.498/2024, under Section 303(2), 317(4), 112 BNS, Police Station Gomti Nagar, District Lucknow (iv) Case Crime No.499/2024, under Section 303(2), 317(4), 112 BNS, Police Station Gomti Nagar, District Lucknow" Learned counsel for applicant has submitted that the applicant is not in a position to arrange eight sureties for all the four cases as heavy amount has also been fixed by the court concerned for the sureties. He has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. passed in Special Leave to Appeal (Crl.) No(s). 8914-8915/2018 (arising out of impugned final judgment and order dated 08.05.2018 in CRLMC No. 2738/2018 16.8.2018) passed by the High Court of Judicature at Allahabad, Lucknow Bench) and submits that the applicant may be permitted to furnish two sureties, which may be directed to be applicable in all the four cases. Hon'ble the Supreme Court in the aforesaid case has permitted to applicant to furnish two sureties and a bond in 31 cases. 7. In view of above, this application under Section 482 Cr.P.C. is disposed of finally with a direction to the applicant to furnish one personal bond as directed by the court concerned in all four cases and two sureties of Rs.50,000/- in Case Crime No.575/2024, under Section 317(2), 317(4),317(5), 319(2), 318(4), 338, 336(3), 340(2), 112 BNS, Police Station Gomti Nagar, District Lucknow and the same shall be for all four cases and copies thereof shall be kept on record in all four cases. Consequences shall follow accordingly. Order Date :- 4.6.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench