ARJUN RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11353/2024 · 2025-01-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169715 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169715 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4865 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11353 of 2024 Applicant :- Arjun Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Brajendra Singh Counsel for Opposite Party :- G.A. 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 in.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in seven cases. He has 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 - Hardoi are as under : (i) Case Crime No. 35/2024, under Sections 392, 411 IPC and 3/25 Arms Act, Police Station Kakori, District-Lucknow. (ii) Case Crime No.191/2023, under Sections 379, 411 IPC, P.S.- Rahimabad, District - Lucknow. (iii) Case Crime No.817/2019, under Sections 147, 148, 149, 307, 506 IPC, P.S.- Para, District - Lucknow. (iv) Case Crime No.174/2019, under Sections 8/20 N.D.P.S. Act, P.S.- Para, District -Lucknow. (v) Case Crime No. 816/2019, under Sections 394, 411 I.P.C, P.S.- Para,District -Lucknow. (vi) Case Crime No. 201/2012, under Section 8/18/20 N.D.P.S. Act, P.S.- Para District - Lucknow.
(vii) Case Crime No. 103/2024, under Section 2/3 of U.P. Gangster Act,P.S. Kakori, District - Lucknow.
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. 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.191/2023, under Sections 379, 411 IPC, P.S.- Rahimabad, District - Lucknow, then the same shall be held good in rest of the cases registered against the applicant at Districts Lucknow and the applicant shall be released on bail on that sureties.
Order Date :- 24.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench