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2025 DAILYLAW 163036 (ALL)

VEER SOLANKI (MINOR) THRU. HER MOTHER GANGA DEVI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO

NA528/1181/2025 · 2025-09-15

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1181 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. 2. By means of the instant applicants, the applicants have prayed that this Court may be pleased to direct the learned Court below not to insist the 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 4 cases. 3. The learned counsel appearing 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 4 cases arising out of following Case Crime Numbers :- 1) Case Crime No.1095 of 2024, under Sections 318(4), 316(2), 317(2), 317(4), 61, 111(2) BNS, PS - Kotwali Nagar, District - Barabanki. 2) Case Crime No.1140 of 2024, under Sections 309(4), 317(2), 317(4), 61, 111(2) BNS, PS - Kotwali Nagar, District - Barabanki. 3) Case Crime No. 1140 of 2024, under Sections 318(4), 316(2), 317(2), 317(4), 61, 111(2) BNS, PS - Kotwali Nagar, District - Barabanki. Versus Counsel for Applicant(s) : Shweta Pandey Counsel for Opposite Party(s) : G.A. Veer Solanki (Minor) Thru. Her Mother Ganga Devi And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko .....Opposite Party(s) 4) Case Crime No. 1147 of 2024, under Sections 318(4), 316(2), 317(2), 317(4), 61, 111(2) BNS, PS - Kotwali Nagar, District - Barabanki. 4. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicants are still in jail. Being poor person, 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 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 applicants 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 applicants 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. September 15, 2025 V. Sinha NA528 No. 1181 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench