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2025 DAILYLAW 142413 (ALL)

SANTOSHI @ SANTOKHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

A482/4577/2025 · 2025-06-03

Rajnish Kumar

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34400 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4577 of 2025 Applicant :- Santoshi @ Santokhi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Prashant Kumar Mishra,Mukesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Supplementary affidavit filed by learned counsel for the applicant today in Court is taken on record. 2. Heard Shri Prashant Kumar Mishra, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 3. This application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed by the applicant with the following relief:- "to file the surety in one case and the copy of sureties may be filed in all the cases which have been leveled against him and as such the applicant may be released on the basis of a set of one and single surety filed in the case lodged under the Case Crime No.525 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now case transfer to Police Station S.I.T. District Lucknow new Crime No.21 of 2022 under Section 419, 420, 467, 468, 471 IPC, 120B IPC and Section 7A PC Act." 4. Learned counsel for applicant submits that he has been roped in six 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 12 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 six cases mentioned as under:- "(i) Case Crime No.525 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now case Transferred to Police Station-S.I.T., District-Lucknow new Crime No.21 of 2022, under Section 419, 420, 467, 468, 471, 120B IPC and Section 7A P.C.Act. (ii) Case Crime No.41 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now Case Transferred to Police Station-S.I.T., District- Lucknow new Crime No.15 of 2023, under Section 419, 420, 467, 468, 471, 120B, 386, 204, 506 IPC and Section 7A PC Act. (iii) Case Crime No.905 of 2022, 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now Case Transferred to Police Station- S.I.T. District-Lucknow new Crime No.12 of 2023, under Sections 419, 420, 467, 468, 471, 120B, 387, 24, 506 IPC and Section 7A PC Act. (iv) Case Crime No.542 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now Case transferred to Police Station-S.I.T. District-Lucknow new Crime No.27 of 2022, under Section 419, 420, 467, 468, 471, 120B, 386, 506, 204 IPC and Section 7A PC Act. (v) Case Crime No.783 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now Case Transferred to Police Station S.I.T., District-Lucknow new Crime No.10 of 2023, under Sections 419, 420, 467, 468, 471, 120B, 204, 387 IPC and Section 7A PC Act. (vi) Case Crime No.91 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now Case Transferred to Police Station S.I.T., District-Lucknow new Crime No.20 of 2023, under Sections 419, 420, 467, 468, 471, 120B, 204, 387 IPC and Section 7A PC Act. 6. Learned counsel for applicant has submitted that the applicant is not in a position to arrange twelve sureties for all the six 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 six 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 six cases and two sureties of Rs.50,000/- in Case Crime No.525 of 2022, under Section 419, 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Gonda now case transferred to Police Station-S.I.T., District-Lucknow new Crime No.21 of 2022 under Section 419, 420, 467, 468, 471 IPC, 120B IPC and Section 7A PC Act and the same shall be for all six cases and copies thereof shall be kept on record in all six cases. Consequences shall follow accordingly. . ........................................(Rajnish Kumar,J.) Order Date :- 3.6.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench