SURENDRA RAWAT @ NANHU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO
NA528/926/2025 · 2025-08-11
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156221 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156221 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46934 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 926 of 2025 Applicant :- Surendra Rawat @ Nanhu Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Farooq Ayoob,Km. Pooja Tiwari,Mohammad Ashraf Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. By means of the instant application, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every six cases and accept only two sureties and one personal bond in lieu of all the six cases. The learned counsel for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which he has been granted bail. He added that the applicant has been granted bail in six cases arising out of following Case Crime Numbers :- 1) Case Crime No. 483 of 2025, under Section 3(1) of U.P. Gangster and Anti-social Activities (prevention) Act, Police Station Kotwali Nagar, District Barabanki. 2) Case Crime No. 128 of 2025, under Sections 309(6), 351(3), 3(5), 317(2), 317(4) of BNS, Police Station Kotwali, District Barabanki 3) Case Crime No. 10 of 2025, under Sections 304, 317(2) of BNS, Police Station Jahangirabad, District Barabanki 4) Case Crime No. 129 of 2025, under Sections 109, 3(5) of BNS and 3/25 of Arms Act, Police Station Kotwali Nagar, District Barabanki 5) Case Crime No. 17 of 2025, under Sections 309(6), 317(2) of BNS, Police Station Fatehpur, District Barabanki. 6) Case Crime No. 92 of 2025, under Section 109 of BNS and Sections 3/25/27 of Arms Act, Police Station Fatehpur, District Barabanki. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being poor person, he is unable to produce the sureties in each cases.
It is further submitted by the 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 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 applicant 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 applicant to 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 all other cases wherein the bail orders have been passed. Order Date :- 11.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench