Siyaram vs State Of U.P. Thru. Prin. Secy. Home Lko.
2025 Latest Caselaw 9662 ALL

Allahabad High Court

Siyaram vs State Of U.P. Thru. Prin. Secy. Home Lko. on 24 April, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:23607
 
Court No. - 14
 

 
Case :- APPLICATION U/S 528 BNSS No. - 347 of 2025
 

 
Applicant :- Siyaram
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Iqbal Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.
 

1. Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.

2. This instant application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been filed by the applicant with following prayer:

"to allow the petitioner to submit a personal bond and two sureties in the all cases mentioned (mentioned in para 5 of the memo of petition) in the interest of justice."

3. Learned counsel for the applicant has submitted that the applicant has been granted bail in all twenty criminal cases by the court below, the copy of the bail orders are collectively enclosed as Annexure No. 1 to the application. The details of criminal cases pending against the applicant are as under:-

"A. Case Crime No. 237/2024, U/S-305(a), 331 (4) BNS, Police Station- Banthra, District- Lucknow, bail granted by order dated 23.12.2024 with a personal bond of Rs.20,000/- and two sureties of the same amount.

B. Case Crime No.212/2024, 305 (a) BNS, Police District- Lucknow. U/S-Station-Banthra, bail granted by order dated 23.12.2024 with a personal bond of Rs.20,000/- and two sureties of the same amount.

C. Case Crime 305(a),331 (4) BNS, No.213/2024,U/S-Police Station-Banthra, District- Lucknow, bail granted by order dated 23.12.2024 with a personal bond of Rs.20,000/- and two sureties of the same amount.

D. Case Crime No 197/2024, U/S-309(6) BNS, Police Station- Kakori, District-Lucknow, bail granted by order dated 23.12.2024 with a personal bond of Rs.50,000/- and two sureties of the same amount.

E . Case Crime No-268/2024, U/S-332 (c),309 (4) BNS, Police Station-Sursa, District-Hardoi, bail granted by order dated 21.12.2024 with a personal bond of Rs.25,000/- and two sureties of the same amount.

F. Crime Case Crime No.331/2024, U/S-305 (a), 331 (4) BNS, Police Station-Beniganj, District-Hardoi, bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

G. Case Crime No.235/2024, 380,457,411 IPC, U/S-Police Station-beniganj, District-Hardoi, bail granted by order dated 17.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

H. Case Crime No.403/2024, U/S-305 (a), 331 (4) BNS, Police Station-Shahabad, District-Hardoi, bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

I. Case Crime No.402/2024, U/S-305 (a), 331(4) BNS, Police Station-Shahabad, District-Hardoi, bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

J. Case Crime No. 401/2024, U/S-305 (a), 331 (4) BNS, Police Station-Shahabad, District Hardoi, bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

K. Case Crime No.189/2024, U/S-457,380 IPC, Police District-Hardoi. Station-Majhila, District - Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

L. Case Crime No.254/2024, U/S-331 (4) 305 BNS, Police District Hardoi. Station-Majhila, District Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

M. Case BNS, Crime No.275/2024, U/S-303 (3) Police District-Hardoi. Station-Majhila, District Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

N. Case Crime No.242/2024, U/S-305 (a) BNS, Police Station-Majhila, District Hardoi,bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

O. Case crime No-514/2024, U/S-305 BNS, Police Hardoi. Station-Pihani, District- Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

P. Case crime No-539/2024, U/S-331(4),305 BNS, Police Station-Pihani, District - Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

Q. Case Crime No-512/2024, U/S-305 BNS, Police Hardoi. Station-Pihani, District- Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

R. Case Crime No-538/2024, U/S-331 (4) 305 BNS, Police Station-Pihani, Distict-Hardoi, bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

S.Case Crime No-577/2024, U/S-319 (2),318 (4),338,336(3), 340 (2) BNS, Police Station-Pihani, Distict-Hardoi, bail granted by order dated 27.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount.

T. Case Crime No-513/2024, U/S-331 (4) 305 BNS, Police Station-Pihani, Distict-Hardoi,bail granted by order dated 04.01.2025 with a personal bond of Rs.25,000/- and two sureties of the same amount."

4. Learned counsel for the applicant has further submitted that it is difficult for the applicant being a poor labour to arrange 40 sureties though he is in a position to give personal bond in each and every case and prayed that the court concerned may be directed to accept personal bond in each and every case and two sureties of Rs.50,000/- in the case mentioned at Serial No.D for the cases registered at Lucknow i.e. Serial No.A to D and two sureties of Rs.25,000/- each in the cases mentioned at Serial Nos.E and F for the cases registered at Hardoi i.e. Serial Nos.E to T.

5. Learned counsel for the applicant has relied upon the the judgment of the Hon'ble Supreme Court in {S.L.P (Crl) Nos. 8914-8915 of 2018}, Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others.

6. Learned A.G.A. submits that he does not want to file any counter affidavit.

7. 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 as per submission made by the learned counsel for the applicant, the applicant will provide personal bonds according to the bail orders granted by court concerned at Lucknow, which is at Serial Nos. A to D in each and every case and two sureties of Rs.50,000/- in the case mentioned at Serial No.D i.e. Case Crime No 197/2024, U/S-309(6) BNS, Police Station- Kakori, District-Lucknow and the same shall be hold good in the cases mentioned at Serial No.A to D. As far as the cases mentioned at Serial nos.E to T are concerned, in which the bail has been granted by the court concerned at Hardoi, the applicant will furnish personal bonds in each and every cases as per bail orders and two sureties of Rs.25,000/- in the case mentioned at Serial No.E i.e. Case Crime No-268/2024, U/S-332 (c),309 (4) BNS, Police Station-Sursa, District-Hardoi and two sureties of Rs.25,000/- in the case mentioned at Serial No.F i.e., Crime Case Crime No.331/2024, U/S-305 (a), 331 (4) BNS, Police Station - Beniganj, District - Hardoi and the same shall be hold good in rest of the cases mentioned at Serial Nos.E to T and the applicant shall be released on bail on that sureties.

Order Date :- 24.4.2025

S. Kumar