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2025 DAILYLAW 165185 (ALL)

GOVIND KUMAR MAHTO THRU. MOTHER SMT. DILAWATI DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO.

NA528/1260/2025 · 2025-09-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1260 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. 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 trial court not to insist the petitioner to file separate sureties and bonds in each and every three cases and accept only two sureties and one personal bond in lieu of all three cases. 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 three cases arising out of following Case Crime Numbers :- 1) Crime no. 188 of 2024 under section 303(2), 318(4), 319(2) 238, 61(2)A, 3(5), 111(2)(ii), of BNS and 66C of IT act at Police station cyber crime, Lucknow. 2) Crime no. 203 of 2024 under section 303(2), 317(2), 318(4), 238, 61(2)A, 3(5), 111(2) (ii), of BNS and 66C of IT act at Police station cyber crime, Lucknow. 3) Crime no. 736 of 2024 under section 303(2), 318(4), 238, 61(2), 3(5), 111(2)(ii), of BNS and 66C of IT act at Police station cyber PGI, Lucknow. Versus Counsel for Applicant(s) : Mohd. Murtaza Hasan, Abdul Malik, Anshuman Srivastava, Sadiya Khan Counsel for Opposite Party(s) : G.A. Govind Kumar Mahto Thru. Mother Smt. Dilawati Devi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s) 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. 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 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. September 16, 2025 Mayank NA528 No. 1260 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench