Considering the observations made by the Hon'ble Apex Court vs IPC, Police Station-Madiyaon, District

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 with the following main prayer":- "Wherefore it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to direct the Learned Court of Magistrate, District - Lucknow to release the petitioner on two sureties and one personal bonds with or without sureties as provided in the Criminal Procedure Code in all cases which are subject matter of the present petition according to facts and circumstances of the case, in the end of justice. " Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 11 cases, in which he has been granted bail but it is very difficult for him to submit personal bail bonds and sureties in all the 11 cases, as he is the only son of the family and is very poor person. The details of bail granted by the court concerned in the 11 cases are below:-

1. Case Crime No. 827/2023, U/S- 427, 380, 411, 413, 457 IPC, Police Station-Thakurganj, District- Lucknow in which the bail was granted on 24.04.2024 by learned Additional District and Sessions Judge Court No. 9, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

2. Case Crime No. 869/2023, U/S- 457, 380, 411, 413 IPC, Police Station-Thakurganj, District- Lucknow in which the bail was granted on 06.04.2024 by learned Additional District and Sessions Judge Court No. 4/Special Judge-Special Court, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

3. Case Crime No. 676/2023, U/S- 392 IPC, Police Station- Madiyaon, District- Lucknow in which the bail was granted on 23.04.2024 by learned Court Special Judge CBI-4, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

4. Case Crime No. 694/2023, U/S- 457, 380, 411 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 04.03.2024 by learned Additional District and Sessions Judge (Fourth)/Special Judge (EC) Act, Lucknow with a personal bond of Rs. 1 lakh and two sureties of the same amount.

5. Case Crime No. 653/2023, U/S- 457, 380 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 04.03.2024 by learned Additional District and Sessions Judge (Fourth)/Special Judge (EC) Act, Lucknow with a personal bond of Rs. 1 lakh and two sureties of the same amount.

6. Case Crime No. 629/2023, U/S- 457,411, 380/34 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 10.04.2024 by learned Additional District and Sessions Judge Court No. 8, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

7. Case Crime No. 197/2024, U/S- 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Thakurganj, District- Lucknow in which the bail was granted on 23.04.2025 by this Court and subsequently, the personal bond of Rs. 50,000/- with two sureties of the same amount was fixed by the Special Judge Gangster Act/Additional District and Sessions Judge, Court No. 5, Lucknow vide its order dated 22.05.2025.

8. Case Crime No. 223/2019, U/S- 41/411 IPC, Police Station- Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (E.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

9. Case Crime No. 183/2019, U/S- 457, 380, 411 IPC, Police Station-Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (E.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

10. Case Crime No. 181/2019, U/S- 457, 380, 411 IPC, Police Station-Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (P.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

11. Case Crime No. 235/2019, U/S- 457, 380, 411 IPC, Police Station-Vikar Nagar, District- Lucknow in which the bail was granted on 04.10.2019 by learned Special Judge (PC Act), Court No. 5/Additional District Judge, Lucknow with a personal bond of Rs. 60,000/- and two sureties of the same amount. He has further submitted that the applicant is a very poor person and not in a position to furnish personal bonds and 22 sureties in aforesaid 11 cases in compliance of bail orders passed therein. 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 the personal bonds and two sureties as mentioned in the following two of the 11 bail orders dated 04.03.2024 and 04.03.2024 respectively i.e. (i) Case Crime No. 694/2023, U/S- 457, 380, 411 IPC, Police Station-Madiyaon, District- Lucknow (2) Case Crime No. 653/2023, U/S- 457, 380 IPC, Police Station-Madiyaon, District- Lucknow 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 :- 30.5.2025 S. Kumar SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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 with the following main prayer":- "Wherefore it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to direct the Learned Court of Magistrate, District - Lucknow to release the petitioner on two sureties and one personal bonds with or without sureties as provided in the Criminal Procedure Code in all cases which are subject matter of the present petition according to facts and circumstances of the case, in the end of justice. " Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 11 cases, in which he has been granted bail but it is very difficult for him to submit personal bail bonds and sureties in all the 11 cases, as he is the only son of the family and is very poor person. The details of bail granted by the court concerned in the 11 cases are below:-

1. Case Crime No. 827/2023, U/S- 427, 380, 411, 413, 457 IPC, Police Station-Thakurganj, District- Lucknow in which the bail was granted on 24.04.2024 by learned Additional District and Sessions Judge Court No. 9, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

2. Case Crime No. 869/2023, U/S- 457, 380, 411, 413 IPC, Police Station-Thakurganj, District- Lucknow in which the bail was granted on 06.04.2024 by learned Additional District and Sessions Judge Court No. 4/Special Judge-Special Court, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

3. Case Crime No. 676/2023, U/S- 392 IPC, Police Station- Madiyaon, District- Lucknow in which the bail was granted on 23.04.2024 by learned Court Special Judge CBI-4, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

4. Case Crime No. 694/2023, U/S- 457, 380, 411 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 04.03.2024 by learned Additional District and Sessions Judge (Fourth)/Special Judge (EC) Act, Lucknow with a personal bond of Rs. 1 lakh and two sureties of the same amount.

5. Case Crime No. 653/2023, U/S- 457, 380 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 04.03.2024 by learned Additional District and Sessions Judge (Fourth)/Special Judge (EC) Act, Lucknow with a personal bond of Rs. 1 lakh and two sureties of the same amount.

6. Case Crime No. 629/2023, U/S- 457,411, 380/34 IPC, Police Station-Madiyaon, District- Lucknow in which the bail was granted on 10.04.2024 by learned Additional District and Sessions Judge Court No. 8, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

7. Case Crime No. 197/2024, U/S- 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Thakurganj, District- Lucknow in which the bail was granted on 23.04.2025 by this Court and subsequently, the personal bond of Rs. 50,000/- with two sureties of the same amount was fixed by the Special Judge Gangster Act/Additional District and Sessions Judge, Court No. 5, Lucknow vide its order dated 22.05.2025.

8. Case Crime No. 223/2019, U/S- 41/411 IPC, Police Station- Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (E.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

9. Case Crime No. 183/2019, U/S- 457, 380, 411 IPC, Police Station-Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (E.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

10. Case Crime No. 181/2019, U/S- 457, 380, 411 IPC, Police Station-Naka Hindola, District- Lucknow in which the bail was granted on 14.10.2019 by learned Additional District and Sessions Judge/Special Judge (P.C. Act),Court No. 6, Lucknow with a personal bond of Rs. 50,000/- and two sureties of the same amount.

11. Case Crime No. 235/2019, U/S- 457, 380, 411 IPC, Police Station-Vikar Nagar, District- Lucknow in which the bail was granted on 04.10.2019 by learned Special Judge (PC Act), Court No. 5/Additional District Judge, Lucknow with a personal bond of Rs. 60,000/- and two sureties of the same amount. He has further submitted that the applicant is a very poor person and not in a position to furnish personal bonds and 22 sureties in aforesaid 11 cases in compliance of bail orders passed therein. 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 the personal bonds and two sureties as mentioned in the following two of the 11 bail orders dated 04.03.2024 and 04.03.2024 respectively i.e. (i) Case Crime No. 694/2023, U/S- 457, 380, 411 IPC, Police Station-Madiyaon, District- Lucknow (2) Case Crime No. 653/2023, U/S- 457, 380 IPC, Police Station-Madiyaon, District- Lucknow 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 :- 30.5.2025 S. Kumar SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench