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2025 DAILYLAW 149042 (ALL)

SHIV KUMAR GOSHWAMI v. STATE OF U.P. THRU. SECY. HOME LKO.

A482/5397/2025 · 2025-07-02

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37574 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5397 of 2025 Applicant :- Shiv Kumar Goshwami Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pravin Singh, learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, learned AGA for the State and perused the records. 2. The present petition under Section 482 Cr.P.C./528 B.N.S.S. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in 40 cases in which the applicant has been granted bail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in 40 criminal cases and has been granted bail by the High Court as well as Sessions Court, the details of cases are as under :- "1. Case Crime No.537/2020 u/s 406, 420, 467, 468, 471, 506, 120-B IPC, P.S. Kotwali Nagar, District Ayodhya, 2. Case crime no. 451/2020 U/S 420, 406, 467, 468, 471, 409, 419, 506, 120-B IPC, registered at police Station Kotwali Nagar, District Faizabad, 3. Case Crime No.563/2020 u/s 406, 419, 420, 467, 468, 471, 506, 120-B IPC, P.S. Kotwali Nagar, District Ayodhya, 4. Case Crime No.762/2020 u/s 406, 419, 420, 467, 468, 471, 506, 120-B IPC, P.S. Kotwali Nagar, District Ayodhya, 5. Case Crime No. 12/2024 u/s 406, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Ayodhya, is the present case, 6. Case Crime No.523/2020 u/s 406, 419, 420, 467, 468, 471, 506 IPC, P.S. Rudauli, District Ayodhya, 15. Case Crime No.960/2020 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 16. Case Crime No.988/2021 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 17. Case Crime No.832/2020 u/s 419, 420, 467, 468, 469, 470, 471 IPC, P.S. Gomti Nagar, District Lucknow, 18. Case Crime No.829/2020 u/s 419, 420, 467, 468, 469, 470, 471 IPC, P.S. Gomti Nagar, District Lucknow, 19. Case Crime No.797/2020 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 20. Case Crime No.785/2020 u/s 409, 420, 504, 506, 120-B IPC, P.S. Gomti Nagar, District Lucknow, 21. Case Crime No.779/2020 u/s 420, 467, 468 IPC, P.S. Gomti Nagar, District Lucknow, 22. Case Crime No.772/2020 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 23. Case Crime No.702/2023 u/s 409, 420, 120-B IPC, P.S. Gomti Nagar, District Lucknow, 24. Case Crime No.673/2021 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 25. Case Crime No.634/2021 u/s 409, 420, 506 IPC, P.S. Gomti Nagar, District Lucknow, 26. Case Crime No.577/2020 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 27. Case Crime No.281/2022 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 28. Case Crime No.129/2021 u/s 409, 420, 120-B IPC, P.S. Gomti Nagar, District Lucknow, 29. Case Crime No.128/2022 u/s 409, 420 IPC, P.S. Gomti Nagar, District Lucknow, 30. Case Crime No.34/2021 u/s 409, 420, 323, 506 IPC, P.S. Gomti Nagar, District Lucknow, 31. Case Crime No.297/2021 u/s 406, 419, 420, 467, 468, 471, 506 IPC, P.S. Mawai, District Ayodhya, 32. Case Crime No.298/2021 u/s 406, 419, 420, 467, 468, 471, 506 IPC, P.S. Mawai, District Ayodhya, 33. Case Crime No.299/2021 u/s 406, 419, 420, 467, 468, 471, 506 IPC, P.S. Mawai, District Ayodhya, 34. Case Crime No.496/2020 u/s 409, 419, 420, 467, 468, 471, 120-B IPC, P.S. Poorakalandar, District Ayodhya, 35. Case Crime No.404/2020 u/s 406, 419, 420, 467, 468, 406, 506 IPC, P.S. Khandasa, District Ayodhya, 36. Case Crime No.288/2020 u/s 406, 419, 420, 467, 468, 471, 506 IPC, P.S. Kumarganj, District Ayodhya, 37. Case Crime No.581/2020 u/s 419, 420, 467, 468, 471 IPC, P.S. Kotwali, District Ayodhya, 38. Case Crime No.492/2020 u/s 409, 419, 420, 467, 468, 471, 506, 120-B IPC, P.S. Chinhat, District Lucknow, 39. Case Crime No.875/2020 u/s 409, 420, 504, 506 IPC, P.S. Gomti Nagar, District Lucknow, and 40. Case Crime No.868/2020 u/s 409, 420, 504, 506 IPC, P.S. Gomti Nagar, District Lucknow." 4. The learned A.G.A has opposed the application stating that the applicant has a long criminal history and, therefore, he is not entitled to receive any discretionary relief by this Court. 5. In response to this objection, the learned counsel for the applicant has submitted that the applicant be permitted to submit a personal bond and two sureties for five lakh each for release in all the 40 cases. 6. It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914-8915/2018) the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in all the cases. 7. Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond and two sureties of Rs. 5,00,000/- each and atleast one of the two sureties will be a local surety which shall be treated to be valid in all the ten cases wherein the bail orders have been passed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench