Allahabad High Court
Ajeet @ Ajeet Kumar And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. on 16 May, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:29107 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 451 of 2025 Applicant :- Ajeet @ Ajeet Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shyamendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,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./528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon,ble Court may kindly be pleased to to consolidate the sureties of Crime no-235/2024 under section 380, 457 I.P.C police station Beniganj District Hardoi, Crime no-331/2024 under section 305 (a), 331 (4) B.N.S police station Beniganj District Hardoi, Crime no-512/2024 under section 305, 331 (4), 317 (3) B.N.S Police Station Pihani District Hardoi, Crime no-513/2024 under section 305, 331 (4), 317 (3) B.N.S Police Station Pihani District Hardoi, Crime no-514/2024 under section 305, 317 (2) B.N.S Police Station Pihani District Hardoi,, Crime no-538/2024 under section 305, 331 (4), 317 (3) B.N.S Police Station Pihani District Hardoi Crime no-539/2024 under section 305, 331 (4), 317 (2) B.N.S Police Station Pihani District Hardoi, Crime no-401/2024 under section 305 (a), 331 (4) B.N.S Police Station Sahabad District Hardoi, Crime no-402/2024 under section 305 (a), 331 (4) B.N.S Police Station Sahabad District Hardoi Crime no-403/2024 under section 305 (a), 331 (4) B.N.S Police Station Sahabad District Hardoi and Crime no-577/2024 under section 319 (2), 318 (4), 338, 336 (3), 340 (2) B.N.S Police Station Pihani District Hardoi and allow the petitioner to file 2 sureties of minimum amount fix by this Hon'ble court. "
3. Learned counsel for the applicant submits that the applicant does not want to press the present case, at this stage, as far as it is related with the case mentioned in paragraph no. 25 of the affidavit filed with the present case and the same may be dismissed as not pressed with liberty to file afresh case, at appropriate stage.
4. It is further submitted that the applicant wants to press the present case in respect of 10 other cases, mentioned in para no. 18 to 28 of the affidavit filed with the present case.
5. It is further submitted that the applicant is innocent and he has falsely been implicated in ten cases mentioned in para No. 18 to 28 of the affidavit filed with the present case. He has next submitted that he has been granted bail by the court concerned in the said cases, the details of are as under :
(i) Case Crime No. 235/2024, U/s 380, 457 I.P.C., P.S. Beniganj, District - Hardoi, in which the bail was granted on 02.05.2025 by Additional Sessions Judge-I, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(ii) Case Crime No. 331/2024, U/s 305(a), 331 (4) B.N.S., P.S. Beniganj, District - Hardoi, in which the bail was granted on 30.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(iii) Case Crime No. 512/2024, U/s 305, 331 (4), 317 (3) B.N.S., P.S. Pihani, District - Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(iv) Case Crime No. 513/2024 under section 305, 331 (4), 317 (3) ?.N.S Police Station Pihani District Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(v) Case Crime No. 514/2024 under section 305, 317 (2) B.N.S Police Station Pihani District Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(vi) Case Crime No. 538/2024 under section 305, 331 (4), 317 (3) B.N.S Police Station Pihani District Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(vii) Case Crime No. 539/2024 under section 305, 331 (4), 317 (3) ?.N.S Police Station Pihani District Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(viii) Case Crime No. 402/2024 under section 305 (a), 331 (4) B.N.S Police Station Sahabad District Hardoi, in which the bail was granted on 03.05.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(ix) Case Crime No. 403/2024 under section 305 (a), 331 (4) B.N.S Police Station Sahabad District Hardoi, in which the bail was granted on 22.04.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
(x) Case Case Crime No. 577/2024 under section 319 (2), 318 (4), 338, 336 (3), 340 (2) ?.N.S Police Station Pihani District Hardoi, in which the bail was granted on 03.05.2025 by Sessions Judge, Hardoi with a personal bond of Rs.25,000/- and two sureties each of the same amount.
6. 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.
7. Learned A.G.A. submits that he does not want to file any counter affidavit.
8. 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 as far as the cases mentioned at Serial No. (i) to (x) here-in-above are concerned, with a direction that in case the applicant provides the personal bond and two sureties each in the cases mentioned at serial Nos. (i) to (iii) here-in-above, i.e. Case Crime No. 235/2024, U/s 380, 457 I.P.C., P.S. Beniganj, District - Hardoi; Case Crime No. 331/2024, U/s 305(a), 331 (4) B.N.S., P.S. Beniganj, District - Hardoi and Case Crime No. 512/2024, U/s 305, 331 (4), 317 (3) B.N.S., P.S. Pihani, District - Hardoi, 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 those sureties.
9. Present case is dismissed as not pressed in respect of the case mentioned in para no. 25 of the accompanying affidavit filed in support of the present case with liberty to move a fresh case, at appropriate stage.
Order Date :- 16.5.2025/(Manoj K.)