Arti Prajapati and Another Vs State of U.P. Thru. the Prin. Secy. Home Civil Secretary Lko.

Neutral Citation No. - 2025:AHC-LKO:8321

Court No. - 17

Case :- APPLICATION U/S 482 No. - 1209 of 2025

Applicant :- Arti Prajapati And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Civil Secretary Lko. Counsel for Applicant :- Arshad Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Ms. Shafaq Fatima, Advocate holding brief of Shri Arshad Siddiqui, learned counsel for the applicants and learned A.G.A. for the state and perused the record.

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This instant application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been filed by the applicants with a prayer to direct the learned trial court to release the applicants by accepting only one personal bond and two sureties in one case, which shall hold good in all the other cases in which the applicants have been implicated and not to insist the applicants to file separate sureties and bonds in all the four cases as mentioned in paragraph-6 the application.

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Learned counsel for the applicants has submitted that the applicants have been granted bail in all the four criminal cases by the competent courts, the copy of the bail orders are collectively enclosed as Annexure No. 1. The details of criminal cases pending against the applicants are as under ;-

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(1) Case Crime No. 1047/24, Under Section- 317(2), 317(4), 318(4), 316(2), 61, 111(2) B.N.S, Police Station-Kotwali Nagar, District Barabanki

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(2) Case Crime No. 1140/24, Under Sections 317(2), 317(4), 318(4), 316(2), 61, 111(2) B.N.S B.N.S, Police Station-Kotwali Nagar, District Barabanki

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(3) Case Crime No. 1152/24, Under Sections 317(2), 317(4), 309(4), 61, 111(2) B.N.S, Police Station-Kotwali Nagar, District Barabanki

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(4) Case Crime No. 1095/24, Under Sections 318(4), 316(2), 317(2), 317(4) B.N.S, Police Station-Kotwali Nagar, District Barabanki

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Learned counsel for the applicants has submitted that the applicants belong to a very poor family so they are unable to manage 8 sureties before the learned trial court and due to this reason, the applicants have not been released/enlarged on bail, though the bail orders are in

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their favour and they have been languishing in jail since 20.12.2024.

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Learned counsel for the applicants has relied upon the the judgment of the Hon'ble Supreme Court in {S.L.P (Crl) Nos. 8914-8915 of 2018}, Criminal No.89148915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others wherein the Hon'ble Supreme Court had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

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A prayer has been made by the learned counsel for the applicants that the applicants also shall be given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

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Learned A.G.A. submits that he does not want to file any counter affidavit.

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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 applicants provide two sureties and a bail bond individually and separately in Case Crime No. 1047/24, Under Section- 317(2), 317(4), 318(4), 316(2), 61, 111(2) B.N.S, Police Station-Kotwali Nagar, District Barabanki, the same shall hold good in rest of the cases registered against the applicants and the applicants shall be released on bail on that sureties.

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Order Date :- 10.2.2025 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Arti Prajapati and Another v. State of U.P. Thru. the Prin. Secy. Home Civil Secretary Lko.

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Arti Prajapati and Another v. State of U.P. Thru. the Prin. Secy. Home Civil Secretary Lko.

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