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2025 DAILYLAW 164243 (ALL)

ARPIT PATEL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

NA528/1245/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1245 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 2. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and one personal bond for all four cases from the applicant and applicant has been granted bail in all cases by the court below. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all four cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the trial court. He says that the applicant is very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant in District - Unnao are as follows:- (i) Case Crime No. 112 of 2025, under Sections 8/20 NDPS Act, Police Station Barasagwar. (ii) Case Crime No. 92 of 2025, under Sections 331(4), 305(a), 317(2) BNS, Police Station Barasagwar. (iii)Case Crime No. 95 of 2025, under Sections 331(4), 305(a), Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Arpit Patel .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 317(2) BNS, Police Station Barasagwar. (iv) Case Crime No. 172 of 2024, under Sections 331(3), 305A, 317(2) BNS, Police Station Barasagwar. 4. Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914- 8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. 5. Learned A.G.A. submits that he does not want to file any counter affidavit. 6. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C./Section 528 BNSS stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the trial Court is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. September 15, 2025 Mohit Singh/- NA528 No. 1245 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench