Allahabad High Court
Ansar @ Ansar Ali vs State Of U.P. Thru. Prin. Secy. Home Lko. on 27 March, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:17751
Court No. - 14
Case :- APPLICATION U/S 482 No. - 2606 of 2025
Applicant :- Ansar @ Ansar Ali
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Mahendra Pratap Singh
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 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to direct the learned court below not to insist the petitioner to file surety bond in each and every five cases and accept only two sureties in lieu of all the 5 cases, respectively, in the interest of justice.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in five 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. 305/2024, U/s 457, 380, 411 IPC, Police Station Ram Sanehi Ghat, District Barabanki, in which the bail was granted on 24.01.2025 by learned Additional Sessions Judge, Court No. 1, Barabanki with two sureties of Rs.50,000/- each and a personal bond of the same amount.
(ii) Case Crime no. 354/2024, U/s 380, 411 IPC, Police Station Ram Sanehi Ghat, District Barabanki, in which the bail was granted on 17.01.2025 by learned Additional Chief Judicial Magistrate, Court No. 25, Barabanki with two sureties of Rs.20,000/- each and a personal bond of the same amount.
(iii) Case Crime no. 343/2024, U/s 379 IPC, P.S. Ram Sanehi Ghat, District - Barabanki, in which the bail was granted on 17.01.2025 by learned Additional Chief Judicial Magistrate, Court No. 25, Barabanki with two sureties of Rs.20,000/- each and a personal bond of the same amount.
(iv) Case Crime no. 147/2024, U/s 379, 511, 427, 307, 504, 506 IPC, P.S. Bazar Shukul, District Amethi, in which the bail was granted on 04.03.2025 by learned Additional Sessions Judge/Spl Judge (E.C Act), Court No. 4, Sultanpur with two sureties of Rs.75,000/- each and a personal bond of the same amount.
(v) Case Crime no. 80/2024, U/s 379, 411 IPC & Section 11 Prevention of Cruelty to Animals Act 1960, P.S. Bhale Sultan Shahid Smarak, District Sultanpur, in which the bail was granted on 27.02.2025 by learned Additional Sessions Judge/Spl Judge (E.C. Act), Court No. 4, Sultanpur with two sureties of Rs.50,000/- each and a personal bond of the same 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.75,000/- each and a personal bail bond of the same amount in Case Crime no. 147/2024, U/s 379, 511, 427, 307, 504, 506 IPC, P.S. Bazar Shukul, District Amethi, 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 :- 27.3.2025
Nitesh
