Gitta @ Nilofar And Another vs State Of Up Thru. Prin. Secretary Home, ...
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Allahabad High Court

Gitta @ Nilofar And Another vs State Of Up Thru. Prin. Secretary Home, ... on 5 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34761
 
Court No. - 5
 

 
Case :- APPLICATION U/S 482 No. - 4812 of 2025
 

 
Applicant :- Gitta @ Nilofar And Another
 
Opposite Party :- State Of Up Thru. Prin. Secretary Home, Lko.
 
Counsel for Applicant :- Sudhaker Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manjive Shukla,J.
 

1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

2. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed with the following main prayer":-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petitioner to submit a personal bond and two sureties in the all cases (mentioned in para 5 of the petition) in the interest of justice"

3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in 2 cases. He has next submitted that they have been granted bail by the court concerned in the said two cases, the details of which are as under :

a) Case Crime No. 140/25, under Section 305, 317(2) of B.N.S., P.S. Banthara, District Lucknow, in which the bail was granted on 16.05.2025 by the learned Sessions Judge, Lucknow with two sureties of Rs.40,000/- each and a personal bond of the same amount.

b) Case Crime No. 138/25, under Section 305(a), 317(2) of B.N.S., P.S. Sarojininagar, District Lucknow, in which the bail was granted on 28.05.2025 by the learned Sessions Judge, Lucknow with two sureties of Rs.40,000/- each and a personal bond of the same amount.

4. He has further submitted that the applicants are very poor persons and not in a position to furnish huge sureties in aforesaid two cases in compliance of bail orders passed therein.

5. Learned counsel for the applicants 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.

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 in case the applicants provide two sureties of Rs.40,000/- each and a personal bail bond of the same amount in Case Crime No. 140/25, under Section 305, 317(2) of B.N.S., P.S. Banthara, District Lucknow, then the same shall be held good in other cases registered against the applicants, as mentioned above, and the applicants shall be released on bail on that sureties.

Order Date :- 5.6.2025

Gaurav