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2025 DAILYLAW 150080 (ALL)

SUMIT AND ANOTHER v. State of U.P. THRU CHIEF SEC. HOME

A482/5467/2025 · 2025-07-08

Subhash Vidyarthi

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38723 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5467 of 2025 Applicant :- Sumit And Another Opposite Party :- State Of U.P. Thru Chief Sec. Home Counsel for Applicant :- Ashok Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashok Kumar, the learned counsel for the applicants as well as Sri Ashok Srivastava, the learned Additional Government Advocate and perused the record. 2. The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicants to submit personal bonds and two sureties in one case which should be sufficient in 3 cases, in which, the applicants have been granted bail. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in 3 criminal cases and have been granted bail by the learned High Court/courts below, the details of cases are as under :- (i) Case Crime No.39 of 2025, under Sections 305(a), 331(4) of BNS, Police Station Mahigawan, District Lucknow. (ii) Case Crime No.46 of 2025, under Sections 305(a), 331(4) of BNS, Police Station Mahigawan, District Lucknow. (iii) Case Crime No.47 of 2025, under Sections 305(a), 331(4) of BNS, Police Station Mahigawan, District Lucknow. 4. The learned A.G.A has opposed the application stating that the applicants have criminal history of three cases and, therefore, they are not entitled to receive any discretionary relief by this Court. 5. In response to this objection, the learned counsel for the applicants have submitted that the applicants be permitted to submit a personal bond and two sureties for Rs. 50,000/- each for release in all the 3 cases. 6. It is further submitted by learned counsel for the applicants 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 both the applicants shall furnish separate personal bond of Rs.50,000/- as well as two separate sureties of the like amount in one case which shall be treated to be valid in other three cases wherein the bail orders have been passed. (Subhash Vidyarthi,J.) Order Date :- 8.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench