HIMANSHU THARU @ SANJU BABA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
NA528/1607/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1607 of 2025 Court No. - 13 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 has been filed by the applicant to permit him to submit two sureties and personal bond in all three cases in which he was roped only one arrest and applicant has been granted bail in all cases by the court concerned. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in three 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 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 Lucknow are as follows:- (i) Case Crime No. 204 of 2025, under Sections- 305(a), 317(2) Β.Ν.S., P.S.- Gazipur, District- Lucknow. (ii) Case Crime No. 215 of 2025, under Sections- 109(1), Β.N.S. and Section- 3/25 Arms Act. P.S.- Gazipur, District- Lucknow. (iii) Case Crime No. 192 of 2025, under Sections- 305(a), 317(2) Β.Ν.S., P.S.- Gazipur, District- Lucknow. 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 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 Court below 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.
October 17, 2025 Arun/- Versus Counsel for Applicant(s) : Randhir Singh, Dharmendra Kumar Rawat Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Himanshu Tharu @ Sanju Baba .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench