ROHIT TYAGI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
NA528/549/2025 · 2025-06-05
Jaspreet Singh
body2025
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[ 2025 DAILYLAW 143924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143924 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34645 Court No. - 4 Case :- APPLICATION U/S 528 BNSS No. - 549 of 2025 Applicant :- Rohit Tyagi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the petitioner and learned AGA for the State. 2. This petition has been filed praying for direction to be issued to the learned trial Court/Learned Magistrate not to insist upon the petitioner to file separate surety bonds in each of the six cases and accept two sureties and a personal bond as holding good for release on bail of the petitioner. 3. It has been submitted by the petitioner that he has been made the accused in six criminal cases, the details of which have been given in paragraph-4 of the petition is being quoted herein below:
"1. Bail Application No.71 of 2025; Case Crime No.433 of 2024; U/s 305(A), 331(4), 317(2), 62 BNS, Police Station Kothi, District Barabanki, in which, the petitioner has been granted bail by Additional Session Judge Ist, Barabanki, amount of surety; Rs.50,000/ x 2 + personal bond by means of its order dated 08.01.2025. 2.Bail Application No.352/2025; Case Crime No.424/2024; U/s 3/25 Arms Act,Police Station Kothi, District Barabanki, in which, the petitioner has been granted bail by Additional Session Judge Ist, Barabanki, amount of surety; Rs.50,000/ x 2 + personal bond by means of its order dated
29.01.2025. 3.Bail Application No.353 of 2025; Case Crime No.396/2024; U/s 305 (A), 331 (4), 317 (2) B.N.S, Police Station Kothi, District Barabanki, in which, the petitioner has been granted bail by Additional Session Judge Ist, Barabanki, amount of surety; Rs.50,000/ x 2 + personal bond by means of its order dated 29.01.2025. 4. Bail Application No.4249/2025; Case Crime No.285/2024; U/s 305(A), 331 (4) B.N.S Police Station Loni Katra, District Barabanki, in which, the petitioner has been granted bail by Additional Session Judge Ist, Barabanki, amount of surety; Rs.30,000/ x 2 + personal bond by means of its order dated 03.02.2025. 5. Bail Application No.4249/2025; Case Crime No.266/2024; U/s 305(A), 331 (4) B.N.S Police Station Loni Katra, District Barabanki, in which, the petitioner has been granted bail by A.C.J.M, Barabanki, amount of surety; Rs.30,000/ x 2 + personal bond by means of its order dated 03.02.2025. 6.
Bail Application No.4236/2025; Case Crime No.58 of 2025; U/s 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act Police Station Kothi, District Barabanki, in which, the petitioner has been granted bail by
this Court; amount of surety; Rs.50,000/ x 2 + personal bond by means of its order dated 16.05.2025."
4. It has been submitted by the learned counsel for the petitioner that the petitioner is financially very poor and is not in a condition to arrange sureties and persona bound. He has been able to manage only two sureties. 5. In support of his submissions, learned counsel for the petitioner has placed reliance upon an order passed by the Hon'ble Supreme Court in SLP No. 8914-8915 of 2018: Hani Nishad @ Mohammad Imran @ Vikky v. State of U.P., wherein the Hon'ble Supreme Court, looking into the difficulty faced by the petitioner in arranging two sureties each in all the six cases where bail orders had been passed, had directed that the petitioner may be released by executing a personal bond and the same bond shall hold good for all six cases in which he was accused, also there shall be two sureties who would execute individual bonds in one case which bonds shall hold good for all six cases. 6. In view of the observations made by Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (supra) on 29.10.2018, this petition under Section 482 Cr.P.C. is disposed of with a direction to the learned trial court not to insist upon separate sureties for each of the two cases in which the petitioner has been bailed out. Learned trial court shall accept a personal bond of the petitioner and two sureties to the satisfaction of the learned trial court and pass appropriate order holding the said surety as good for the four cases and pass appropriate order, thereafter, for release of the petitioner. Order Date :- 5.6.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench