KAMLESH @ KAMLESH LONIYA v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO.
NA528/796/2025 · 2025-07-22
Subhash Vidyarthi
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 152306 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152306 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42067 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 796 of 2025 Applicant :- Kamlesh @ Kamlesh Loniya Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sunil Kumar, learned counsel for the applicant as well as Sri S.P. Singh, the learned State Counsel. 2. The present petition under Section 482 Cr.P.C. 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 five cases in which the applicant has been granted bail. 3. Learned counsel for the applicant submit that it is impossible for the applicant to submit separate sureties in each case in which he has been granted bail. The learned counsel further submits that the applicant has been granted bail in all the cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each cases, details of which are as follows:- (i) Case Crime No.95/2025 u/S 331(4), 305 Va, 317(2) BNS at Police Station- Mohanlalganj, District- Lucknow. (ii) Case Crime No.98/2025 u/S 305 (a), 317(2) BNS at Police Station- Bijnour, District- Lucknow. (iii) Case Crime No.116/2025 u/S 109(1) BNS and 3/5/25 of Arms Act at Police Station- Nigoha, District- Lucknow. (iv) Case Crime No.20/2025 u/S 331(4), 305 Va, 317(2) BNS at Police Station- Nigoha, District- Lucknow. (v) Case Crime No.86/2025 u/S 305 (a), 331(4), 317(2) BNS at Police Station- Nagram, District- Lucknow. 4. 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. 5. Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond of Rs.50,000/- and two sureties of the like amount in one case which shall be treated to be valid in other four cases wherein the bail orders have been passed. .
(Subhash Vidyarthi,J.) Order Date :- 22.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench