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2025 DAILYLAW 152387 (ALL)

PRIYANSHU GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

NA528/791/2025 · 2025-07-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41555 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 791 of 2025 Applicant :- Priyanshu Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Harish Chandra Yadav,Lalit Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant seeking following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Courts below/concerned courts to accept the two/same sureties in all the 3 criminal cases which are as follows:- (1) Case Crime No. 14 of 2025 Under Sections 318 (4), 316 (2), 338, 336 (3), 317 (2) B.N.S. 2023 and Section 66-D Information Technology Act, Police Station- Kotwali Dehat, District-Balrampur. (bail granted by this Hon'ble Court in Criminal Miso: Bail Application No. 4794 of 2025 vide order dated 29.5.2025) (2) Case Crime No. 5 of 2025 Under Sections 318 (4), 316 (2), 338, 336 (3), 317 (2) Β.Ν.S. 2023 and Section 66-D Information Technology Act, Police Station- Utraula, District-Balrampur. (bail granted by this Hon'ble Court in Criminal Misc. Bail Application No. 5040 of 2025 vide order dated 5.6.2025) (3) Case Crime No. 8 of 2025 Under Sections 318 (4), 316 (2), 338, 336 (3), 317 (2), 317 (4) Β.Ν.S. 2023 and Section 66-D Information Technology Act, Police Station-Laliya, Balrampur. (bail granted by this Hon'ble Court in Criminal Misc. Bail Application No. 5054 of 2025 vide order dated 3.6.2025)" Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in three cases. He 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 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 at District Balrampur are as follows:- (i) Case Crime No. 14 of 2025, under Section 318(4), 316(2), 338, 336(3), 317(2) B.N.S. and Section- 66-D of I.T. Act, P.S.- Kotwali Dehat, District- Balrampur. (ii) Case Crime No. 5 of 2025, under Section 318(4), 316(2), 338, 336(3), 317(2) B.N.S. and Section- 66-D of I.T. Act, P.S.- Utraula, District- Balrampur. (iii) Case Crime No. 8 of 2025, under Section 318(4), 316(2), 338, 336(3), 317(2), 317(4) B.N.S. and Section- 66-D of I.T. Act, P.S.- Laliya, District- Balrampur. 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. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. Order Date :- 21.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench