BHAGI @ PANKAJ CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/1685/2025 · 2025-11-04
Tej Pratap Tiwari
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 175702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175702 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1685 of 2025 Court No. - 29 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Sri Neeraj Kumar Rawat, learned counsel for the applicant, the learned AGA for the State and perused the record. 2. By means of the instant application, the applicant has prayed that this Court be pleased to direct the learned Additional Sessions Judge, Barabanki to consider only one surety / bail bonds and separate personal bonds of the applicant in each case and pass appropriate order for the release of the applicant in the following cases : (i) Case Crime No. 418 of 2025, under Sections 331(4), 305(A), 317(2) B.N.S., P.S. Fatehpur, District Barabanki. (ii) Case Crime No. 470 of 2025, under Sections 109, 3(5) B.N.S. & 3/25/27 Arms Act, P.S. Fatehpur, District Barabanki. 3. The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit surety in each of case in which he has been granted bail. He added that the applicant has been granted bail in all cases arising out of following Case Crime Numbers :- (i) Case Crime No. 418 of 2025, under Sections 331(4), 305(A), 317(2) B.N.S., P.S. Fatehpur, District Barabanki. (ii) Case Crime No. 470 of 2025, under Sections 109, 3(5) B.N.S. & 3/25/27 Arms Act, P.S. Fatehpur, District Barabanki. 4. He next added that despite the Trial Court granted the bail, the Versus Counsel for Applicant(s) : Neeraj Kumar Rawat Counsel for Opposite Party(s) : G.A. Bhagi @ Pankaj Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
applicant is still in jail and the applicant being poor person 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 personal bonds and two sureties of heavy amount to hold good in all the cases. 5.
Considering the aforesaid fact, the petition is disposed of with a direction to the applicant to furnish a personal bond of Rs.1,00,000/- 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. November 4, 2025 Manoj NA528 No. 1685 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench