Allahabad High Court
Mohit Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 19 November, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:76274
Court No. - 12
Case :- APPLICATION U/S 528 BNSS No. - 62 of 2024
Applicant :- Mohit Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Abhishek Awasthi
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 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant for the following main relief:-
"WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to permit the applicant to submit personal bond and sureties in any one case out of the 4 cases pending against him before Ld. ACJM, Court No. 19, Barabanki, as Case Crime No. 293/2024, P.S- Lonikatra, Distreit- Barabanki, Case Crime No. 295/2024, P.S- Lonikatra, Distrcit- Barabanki, Case Crime No. 296/2024, P.S- Lonikatra, Distreit- Barabanki, and Crime No. 297/2024, P.S- Lonikatra, Distrcit- Barabanki, and direct the court concerned to accept personal bond and sureties submitted by the applicant in any one case out of the 4 cases pending against him and treat the same personal bond and sureties submitted to the satisfaction of the Court in one case holding good for all 4 cases, in the interest of justice."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in four 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 DistrictBarabanki are as follows:-
(i)Case Crime No. 293/2024, under Sections- 305(A), 331(4) B.N.S., P.S- Lonikatra, Distreit- Barabanki.
(ii)Case Crime No. 295/2024, under Sections- 305(A), 331(4) B.N.S., P.S- Lonikatra, Distrcit- Barabanki.
(iii)Case Crime No. 296/2024, under Sections- 305(A), 331(4) B.N.S., P.S- Lonikatra, Distreit- Barabanki.
(iv) Crime No. 297/2024, under Sections- 310(4), 310(5) B.N.S., P.S- Lonikatra, Distrcit- Barabanki.
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.
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.
Order Date :- 19.11.2024
Arun/-
