Sani Rawat vs State Of U.P. Thru. Prin. Secy. Home Lko.
2025 Latest Caselaw 5377 ALL

Allahabad High Court

Sani Rawat vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 February, 2025

Author: Sanjay Kumar Singh

Bench: Sanjay Kumar Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:11386
 
Court No. - 18
 

 
Case :- APPLICATION U/S 528 BNSS No. - 131 of 2025
 

 
Applicant :- Sani Rawat
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Sudhaker Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.
 

Heard learned counsel for the applicant and learned A.G.A. for the State of U.P.

This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to pass direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for both the cases in which the applicant has been granted bail.

Learned counsel for the applicant submits that applicant has been implicated in two cases and in both the cases, he has been granted bail by the Court with certain conditions, the details of cases and bail orders is given hereinbelow :

(i) Case Crime No. 08 of 2025, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Para, District Lucknow, in which applicant has been granted bail.

(ii) Case Crime No. 23 of 2025, under Sections 305(a), 331(4), 317(1) B.N.S., Police Station Para, District Lucknow, in which applicant has been granted bail.

Both the bail orders have been annexed as Annexure No. 1 to the affidavit.

Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal bond and sureties each for the aforementioned cases. He prays that the court below may be directed to accept a personal bond of suitable amount and two sureties for both the cases in which applicant has been granted bail but cannot be enlarged from jail due to his inability to arrange the personal bonds and sureties.

In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, 2018 SCC OnLine SC 3946, wherein the Court in similar circumstances has directed that the petitioner therein shall execute a personal bond for Rs. 30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein.

Learned A.G.A. on the other hand submits that looking into the serious nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant.

In the light of above, it is provided that the bail orders granting bail to the applicant in the aforesaid cases, stand modified to the extent that the applicant shall furnish and execute personal bond of Rs. 25,000/- and two sureties of like amount to the satisfaction of the court concerned, and the same shall hold good for all the cases mentioned herein above.

Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective bail orders in the aforesaid both cases shall remain intact.

With the aforesaid directions the application stands allowed.

Order Date :- 21.2.2025

Mohd. Sharif