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2025 DAILYLAW 142427 (ALL)

SURAJ KUMAR YADAV @ SURAJ YADAV v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO

NA528/538/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33994 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 538 of 2025 Applicant :- Suraj Kumar Yadav @ Suraj Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Punit Kumar Shukla,Divyanshu Tripathi,Priyanka Singh 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 with the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned court below not to insist the petitioner to file separate surety bonds in each and every two cases and accept only two surety in lieu of both above mentioned two cases, 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. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says 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. It is further submitted that the details of cases registered against applicant are as under : 1. Case Crime No. 709/2024, U/S- 309 (6), 317 (2), 318 (4), 336 (3), 340 (2), 109 Β.N.S, Police Station-Kotwali, District- Unnao in which the bail was granted on 07.04.2025 by this Court and subsequently, the personal bond of Rs. 75,000/- with two sureties of the same amount was fixed by the Additional Sessions Judge, Court No. 5, Unnao vide its order dated 17.05.2025, which has been filed by learned counsel for the applicant during the course of argument, which is taken on record. 2. Case Crime No. 17/2025, U/S- 2/3 of U.P. Gangsters Act and Anti Social Activities (Prevention) Act, Police Station Kotwali, District- Unnao in which the bail was granted on 02.05.2025 by this Court and subsequently, the personal bond of Rs. 75,000/- with two sureties of the same amount was fixed by the Special Judge Gangsters Act/Additional Sessions Judge, Court No. 8, Unnao vide its order dated 17.05.2025, which has been filed by learned counsel for the applicant during the course of argument, which is taken on record. He has further submitted that the applicant is a very poor person and not in a position to furnish huge sureties in aforesaid 2 cases in compliance of bail orders passed therein. 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 bond and two sureties as mentioned in the following one of the 2 bail orders dated 17.05.2025 i.e. (i) Case Crime No. 709/2024, U/S- 309 (6), 317 (2), 318 (4), 336 (3), 340 (2), 109 Β.N.S, Police Station- Kotwali, District- Unnao then the sureties and personal bonds 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 :- 30.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench