Nikhil Alias Vikram Alias Nikki Vs State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10556 of 2025

Nikhil Alias Vikram Alias Nikki

.....Applicant(s) Versus State Of U.P. Through Secretary Home Department Civil Secretariat, Lucknow .....Opposite Party(s) Counsel for Applicant(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Opposite Party(s) :

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Court No. - 29

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HON'BLE DIVESH CHANDRA SAMANT, J.

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This petition has been filed through e-mode and learned counsel for the applicant has provided the photocopy/hard copy of the case to the Court, the same is taken on record. Office is directed to send the photocopy/hard copy of the case to the Court as and when the case is next listed.

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Heard learned counsel for the applicant; learned AGA for the State and perused the material available on record.

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Learned counsel for the applicant prays that due to typing mistake in the prayer clause the word "only one surety" has been typed and prayed to consider only one set of two surety. Accordingly, the prayer is accepted.

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By means this application, the applicant has prayed to relax the condition of bail to the extent that the applicant be allowed to file two sureties in any case and the same shall be treated adequate in all eight cases in which he has already been bailed out. The details of the said cases are given below :-

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a. Case crime no. Case Crime no. 344/2024, U/S-305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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b. Case Crime No. 276/2025, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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c. Case Crime No. 295/2025, under Section U/S-305(a), 317(2),

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331(4) of BNS at P.S- Kachhauna, District Hardoi.

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d. Case Crime No. 239/2024, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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e. Case Crime No. 273/2025, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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f. Case Crime No. 316/2025, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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g. Case Crime No. 362/2025, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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h. Case Crime No. 315/2025, under Section U/S- 305(a), 317(2), 331(4) of BNS at P.S- Kachhauna, District Hardoi.

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It is stated by learned counsel for the applicant that against the applicant there are eight cases in which he has already been granted bail, but because of non-availability of about 16 sureties, he is unable to file bail bonds, therefore, in this regard a prayer has been made that the applicant may be permitted to file two sureties in all the cases. It is also stated that in similarly situated matters, this Court has granted relief.

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It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh [SLP (Crl.) No. 89148915/2018) , the Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in all the cases. Similarly, orders have been passed by a co-ordinate bench of this Court as well and one of such orders in Writ Petition (MS) No. 30481 of 2018 (Imran Vs. State of U.P.) decided on 16.11.2018, has also been filed.

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In view of the aforesaid facts and circumstances of the case, it is provided that the applicant shall furnish a personal bond and two heavy sureties (one surety should be of family member of the applicant) each in the like amount to the satisfaction of the court concerned in any one case. The said surety shall be valid in all above mentioned cases, where the bail orders have been

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passed.

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