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2025 DAILYLAW 155342 (ALL)

VIJNESH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO

/886/2025 · 2025-08-06

Shree Prakash Singh

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45908 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 886 of 2025 Applicant :- Vijnesh And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record. By means of the instant application, the applicants have prayed that this Court may be pleased to direct the learned Court below not to insist the applicants to file separate sureties and bonds in each and every four cases and accept only two sureties and one personal bond in lieu of all the four cases. The learned counsel for the applicants submits that it has become impossible for the applicants to submit separate sureties and bonds in each of cases, in which they have been granted bail. He added that the applicants have been granted bail in four cases arising out of following Case Crime Numbers :- 1) Crime No. 108 of 2025, under Sections 331(4), 317(2), 305 of BNS, Police Station Maanpur, District Sitapur. 2) Crime No. 225 of 2025, under Sections 331(4), 317(2), 305(A) of BNS, Police Station Tambore, District Sitapur. 3) Crime No. 262 of 2025, under Sections 331(4), 317(2), 305(A) of BNS, Police Station Tambore, District Sitapur. 4) Crime No. 357 of 2025, under Sections 313, 317(2) of BNS, Police Station Laharpur, District Sitapur. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicants are still in jail. Being poor persons, they are unable to produce the sureties in each cases. It is further submitted by the 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 Supreme Court vide order dated 29.10.2018 has permitted the petitioners to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases. Referring the aforesaid judgement and order, he submits that the applicants may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra). Considering the aforesaid fact, the petition is disposed of with a direction to the applicants to furnish a personal bond of Rs.20,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other cases wherein the bail orders have been passed. Order Date :- 6.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench