Allahabad High Court
Kailash Soni vs State Of U.P. Thru. Secy. Home Lko. on 12 March, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:15440
Court No. - 12
Case :- APPLICATION U/S 482 No. - 2407 of 2025
Applicant :- Kailash Soni
Opposite Party :- State Of U.P. Thru. Secy. Home Lko.
Counsel for Applicant :- Pravin Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
2. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and one personal bond for all ten cases from the applicant and applicant has been granted bail in all cases by the court below.
3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all ten cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the trial court. He says that the applicant is 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 in District - Raebareli are as follows:-
(i) Case Crime No. 365, 2021, under Sections 380, 411 IPC, Police Station - Millarea.
(ii) Case Crime No. 449, 2021, under Sections 457, 380, 411 IPC, Police Station - Millarea.
(iii) Case Crime No. 479, 2021, under Sections 457, 380, 411 IPC, Police Station - Millarea.
(iv) Case Crime No. 737, 2021, under Sections 457, 380, 411 IPC, Police Station - Millarea.
(v) Case Crime No. 502, 2021, under Sections 457, 380, 411 IPC, Police Station - Millarea.
(vi) Case Crime No. 772, 2021, under Sections 457, 380, 411 IPC, Police Station - Kotwali Nagar.
(vii) Case Crime No. 731, 2021, under Sections 454, 380, 411 IPC, Police Station - Millarea.
(viii) Case Crime No. 689, 2021, under Sections 457, 380, 411 IPC, Police Station - Kotwali Nagar.
(ix) Case Crime No. 498, 2021, under Sections 379, 411 IPC, Police Station - Millarea.
(x) Case Crime No. 789, 2021, under Sections 3/25 Arms Act, Police Station - Kotwali Shahar.
4. 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.
5. Learned A.G.A. submits that he does not want to file any counter affidavit.
6. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application under Section 482 Cr.P.C./Section 528 BNSS 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 trial Court 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 :- 12.3.2025
Mohit Singh/-
