ABHISHEK @ NARAYAN @ ABHISHEK UPADHAYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.
A482/8001/2025 · 2025-09-18
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165253 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165253 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8001 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and personal bond in all the cases in which he was roped.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is a 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 at District Ayodhya are (i) Case Crime No.034/2020, U/S 3/25 Arms Act, P.S. Kumarganj, (ii) Case Crime No. 053/2020, u/s 394,411 & 34 I.P.C. P.S. Poorakalendar, (iii) Case Crime No. 0523/2020 u/s 3(1) U.P. Gangsters Act, P.S. Poorakalendar, (iv) Case Crime No. 0493/2021, u/s P.S. Raunahi, District-379,411, (v) Case Crime No. 0551/2021, u/s 379 & 411 I.P.C. P.S. Rudauli, (vi) Case Crime No. 022/2022, u/s 411 & 413 I.P.C. P.S. Raunahi, and the details of cases registered against applicant at District Sultanpur are (i) Case Crime No. 018/2022, u/s 457, 380 & 511 I.P.C. P.S.Baldirai, (ii) Case Crime No. 020/2020, u/s 4/25 Arms Act., P.S.Baldirai, and the details of cases registered against applicant at District Ambedkar Nagar are (i) Case Crime No. 031/2025, u/s 310(2), 311, 317(2) Β. N.S. P.S. Ahirauli, (ii) Case Crime No. 034/2025, u/s, 109(1) B.N.S. & 3/25/27 Arms Act., P.S. Ahirauli, (iii) Case Crime No. 0126/2025, u/s, 3(1) U.P. Gangsters Act., P.S. Ahirauli.
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 Versus Counsel for Applicant(s) : Amit Kumar Gupta, Akanksha Awasthi, Jitendra Kumar Gupta Counsel for Opposite Party(s) : G.A. Abhishek @ Narayan @ Abhishek Upadhaya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s)
@ Mohammad Imran @ Vikky Vs. State of U.P. Learned A.G.A. submits that he does not want to file any counter affidavit. Considering the observations made by the Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and also the observations made by this Court in the case of Shivam Gupta @ Shubham @ Lavi vs. State of U.P. through Secretary Home Civil Sectt. Lko (Application U/S 482 No.466 of 2024) as well as in Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023), the present application is allowed with a direction that in case the applicant provides two sureties and bail bond in Case Crime No.034/2020, U/S 3/25 Arms Act, P.S. Kumarganj, District-Faizabad now Ayodhya then the same shall be held good in rest of the cases registered against the applicant at Districts Ayodhya, Sultanpur and Ambedkar Nagar and the applicant shall be released on bail on that sureties. September 18, 2025 Jyoti/- A482 No. 8001 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench