BRAJESH TIWARI @ VISHNU TIWARI @ VISHNU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
NA528/1070/2025 · 2025-08-27
Shree Prakash Singh
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 160373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160373 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1070 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. By means of the instant applicant, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant/ petitioner to file separate sureties and bonds in each and every case and accept only two sureties and one personal bond in lieu of all cases. 3. The learned counsel appearing 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 four cases arising out of following Case Crime Numbers :- (i) Case Crime No.265 of 2025, under Sections 304(2), 317(2) of BNS, Police Station Gomti Nagar, District Lucknow. (ii) Case Crime No.88 of 2025, under Sections 304(2), 317(2) of BNS, Police Station Vikas Nagar, District Lucknow. (iii) Case Crime No.218 of 2024, under Section 304(2) of BNS, Police Station Rahimabad, District Lucknow. (iv) Case Crime No.312 of 2025, under Sections 304(2), 317(2) of BNS, Police Versus Counsel for Applicant(s) : Rajat Awasthi, Ashwini Pathak Counsel for Opposite Party(s) : G.A. Brajesh Tiwari @ Vishnu Tiwari @ Vishnu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s)
Station Krishna Nagar, District Lucknow. 4. 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 petitioner to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases. 5. 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). 6.
Considering the aforesaid fact, the petition is disposed off 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. August 27, 2025 Mohd. Sharif NA528 No. 1070 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench