Vikas Verma vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Vikas Verma vs State Of U.P. Thru. Prin. Secy. Home ... on 25 March, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:16925
 
Court No. - 14
 

 
Case :- APPLICATION U/S 528 BNSS No. - 237 of 2025
 

 
Applicant :- Vikas Verma
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
 
Counsel for Applicant :- Akhilendra Kumar Goswami
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,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 to permit him to submit two sureties and a personal bond in all the cases in which he was roped in.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two cases. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned, the details of are as under :

i.) Case Crime no. 31 of 2025, under Section 303(2), 317(2) B.N.S.S., Police Station - Purakalandar, District - Ayodhya/ Faizabad, in which the applicant has been granted bail on 19.02.2025 by the Court of learned District and Session Judge, Ayodhya with a bail bond of Rs.50,000/- and two sureties of like amount.

ii) Case Crime no.34 of 2025, under Section 109(1), 338, 336(3) BNSS and Section 3/25 Arms Act, Police Station Purakalandar, District - Ayodhya,in which the applicant has been granted bail on 18.03.2025 by the Court of learned District and Session Judge, Ayodhya with a bail bond of Rs.50,000/- and two sureties of like amount.

He has further submitted 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.

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.

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 applicant provides two sureties of Rs.50,000/- and a bail bond of the same amount in Case Crime no. 31 of 2025, under Section 303(2), 317(2) B.N.S.S., Police Station - Purakalandar, District - Ayodhya/ Faizabad, then the same shall be held good in rest of the cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties.

Order Date :- 25.3.2025

S. Kumar