Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159292 (ALL)

ABHISHEK @ KINNI @ KISHAN GAUTAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

NA529/44/2025 · 2025-09-04

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 529 BNSS No. - 44 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard counsel for the applicant, Sri Shisir Jain, counsel for opposite party no. 2, learned A.G.A. for the State and perused the records. Instant application has been filed with the prayer to direct the opposite party no. 2 to release the accused immediately, in the impugned Case Crime No. 113 of 2025 u/s 309(4) P.S. Indra Nagar District Lucknow as per circular (C.L. No.3/Admin.(G) dated 16.02.2009, Allahabad) issued by Hon'ble High Court for subordinate court and reproduce the same circular in the case of "Anoop Singh Vs. State of U.P. & Others" in Application u/s 483 Cr.P.C. No. 17 of 2022 by the Hon'ble High Court, Lucknow. On 28.08.2025, the following order was passed:- "1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. Fact remains that after the bail is granted to applicant on 23.07.2025, he filed personal bond but once the application for accepting the sureties was filed on 06.08.2025, the same was denied by the learned trial Court, for accepting the same. 3. Shri Gaurav Mehrotra, Advocate, who is present on request of this Court, is directed to seek instructions that under what circumstances the learned trial Court has declined to accept the application of the applicant for accepting the surety and personal bonds. 4. List this matter on 04.09.2025 in the list of fresh cases, reflecting name of Sri Gaurav Mehrotra, as counsel for the High Court. Versus Counsel for Applicant(s) : Sushil Kumar Sharma Counsel for Opposite Party(s) : G.A., Gaurav Mehrotra Abhishek @ Kinni @ Kishan Gautam .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) 5. Learned counsel for the applicant is directed to furnish complete copy of the application to Sri Gaurav Mehrotra." In-compliance of the aforesaid, the instructions is placed before this Court dated 02.09.2025, whereupon, it is apparent that since the sureties were of other districts and the bond amount was more than Rs.20,000/- therefore, the same was sent for its verification. Further instructions is that the verification of the sureties are received in the office, but the sureties are not appearing before the court and for this reason, notice has also been issued to the counsel for the applicant but none turned up, thereof. Learned counsel for the applicant submits that he alongwith the sureties went to the Office of the learned trial court concerned, but the trial court declined to accept the bail bonds and sureties. Be that as it may, the instructions are apparent that the verification of sureties has been done, therefore, the counsel for applicant is given liberty to move an application before the trial court concerned and be remain present alongwith the sureties and with all the formalities thereof and if such an application is moved, the trial court is directed to decide, on the same day, if no other impediments. With the aforesaid observations, the application is disposed of. September 4, 2025 Mayank NA529 No. 44 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench