Sahil Kumar Vs State of U.P. Thru. Prin. Secy. Homes Lko.

Neutral Citation No. - 2025:AHC-LKO:20757

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3117 of 2025 Applicant :- Sahil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko.

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Counsel for Applicant :- Vishal Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant application under Section 482 Cr.P.C./528 BNSS has been filed with the following main reliefs:

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"Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to invoke its inherent power under section 482 Cr.P.C. read with section 528 B.N.S.S. and direct the learned Court below concerned to accept one personal bond and two sureties in one case and release the applicant in all other criminal cases mentioned above on furnishing personal bond as per the bail orders annexed as Annexure no. 01,02 & 03 to this application or to pass such other order or any further order, which under the facts and circumstances of the cases, the Hon'ble Court may deemed fit just and proper, with a view to prevent the abuse of process of court and otherwise to secure the end of justice and allow this application with cost."

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in all the 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 :

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(i) Case Crime No. 371 of 2021 under Section 409, 420, 120-B IPC, P.S. Vibhuti Khand, District Lucknow in which the bail was granted by this Court vide order dated 19.3.2025 passed in Crl. Misc. Bail Application No. 2311 of 2025 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has passed an order dated 5.4.2025 (annexed as Annexure 5 to the application) with a direction to furnish two sureties of Rs. 1,00,000/- each and a personal bond of the same amount.

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(ii) Case Crime No. 02 of 2022 under Section 409, 420 IPC, P.S. Vibhuti Khand, District Lucknow in which the bail was granted by this Court vide order dated 19.3.2025 passed in Crl. Misc. Bail Application No. 2310 of 2025 with a direction to furnish a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned on which learned Trial Court has passed an order dated 5.4.2025 (annexed as Annexure 5 to the application) with a direction to furnish two sureties of Rs. 1,00,000/- each and a personal bond of the same amount.

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(iii) Case Crime No. 93 of 2022 under Section 409, 420, 120-B IPC, P.S. Vibhuti Khand, District Lucknow in which the bail was granted by this Court vide order dated 19.3.2025 passed in Crl. Misc. Bail Application No. 2314 of 2025 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has passed an order dated 5.4.2025 (annexed as Annexure 5 to the application) with a direction to furnish two sureties of Rs. 1,00,000/- each and a personal bond of the same amount.

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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.

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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. 6. 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 cases 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 bond and two sureties mentioned in the following one of the three bail orders dated 19.3.2025 i.e. (i) Case Crime No. 371 of 2021 under Section 409, 420, 120-B IPC, P.S. Vibhuti Khand, District Lucknow (two sureties of Rs. 1,00,000/- each and a personal bond of the same amount) 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.

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Order Date :- 11.4.2025 AKK

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sahil Kumar v. State of U.P. Thru. Prin. Secy. Homes Lko.

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Sahil Kumar v. State of U.P. Thru. Prin. Secy. Homes Lko.

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