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2025 DAILYLAW 202470 (ALL)

SHYAM LAL GAUTAM v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NA528/1625/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1625 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. By means of the instant application, the applicant has prayed that this Hon'ble Court may be pleased to exercise its inherent power under Section 482 (now Sectin 528 of BNSS) of the Criminal Procedure Code to direct the learned Court below not to insist the petitioner to file separate surety bonds in each and every one of the five cases and to instead accept only two sureties and one personal bond in lieu of all the above- mentioned five cases. The learned counsel appearing for the petitioner submits that it has become practically impossible and onerous for the petitioner to submit separate sureties and personal bonds in each of the five cases, in which, he has been granted bail. He added that the petitioner has been granted bail in five cases arising out of the following Case Crime Numbers, all from Police Station-Mall, District Lucknow: a) Case Crime No. 210/2025, under Section- 303, 317 (2) B.N.S.S., at police station- Mall, District- Lucknow. b) Case Crime No. 218/2025, under Section- 317 (2) B.N.S.S., at police station- Mall, District- Lucknow. c) Case Crime No. 196/2025, under Section- 303 (3), 317 (2) B.N.S.S., at police station- Mall, District- Lucknow. d) Case Crime No. 117/2025, under Section- 305 (a), 317 (2), 331 (4) B.N.S., at police station- Mall, District- Lucknow. e) Case Crime No. 174/2025, under Section- 305, 317 (2) B.N.S.S., at police station- Mall, District- Lucknow. 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 Versus Counsel for Applicant(s) : Gyanendra Kumar, Shubham Srivastava Counsel for Opposite Party(s) : G.A. Shyam Lal Gautam .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) 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 judgment and order, he submits that the applicant may also be given the benefit of the ratio of the judgment 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. October 28, 2025 Haseen U. NA528 No. 1625 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench