Amit Verma Vs State of U.P. Thru. Secy. Home Deptt. Lko. — Bail and Remand | Allahabad HC (2025)

Amit Verma Vs State of U.P. Thru. Secy. Home Deptt. Lko. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed: furnishing of two sureties of Rs.50,000/- and a personal bail bond of the same amount in Case Crime no. 79/2025 is directed to be held good in all other cases registered against the applicant, who shall be released on bail on those sureties.

Issue for consideration

Whether the applicant, who has been granted bail in six criminal cases registered against him, may be permitted to submit two sureties and a personal bond in all such cases (i.e., one set of sureties held good across the bail orders). +1 more

Court's answer

Considering the observations of the Apex Court in Hani Nishad @ Mohammad Imran @ Vikky (Supra) and of this Court in Shivam Gupta and Dr. Abhishek Yadav, the application under Section 528 BNSS is allowed with a direction that if the applicant provides two sureties of Rs.50,000/- and a personal bail bond of the same amount in Case Crime no. 79/2025 (Sections 317(2) B.N.S., P.S. Satrikh, Barabanki), the same shall be held good in all the remaining cases registered against him.

Ratio / Principle

Upon furnishing the said two sureties and personal bail bond in Case Crime no. 79/2025, the applicant is to be released on bail on those sureties in all the cases registered against him as listed.

Detailed headnote1 paragraphs

Amit Verma, who had been granted bail in six 2025 criminal cases of district Barabanki (Case Crime nos. 79, 27, 43, 75, 77 and 78 of 2025 under various sections of B.N.S./BNS and the Arms Act) by different courts, filed this application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 seeking permission to furnish two sureties and a personal bond in all the cases, pleading that he was innocent, implicated in six cases, and being a very poor person could not furnish huge sureties separately in compliance of each bail order. The learned A.G.A. did not wish to file a counter affidavit. Relying on the observations of the Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. (Special Leave to Appeal (Criminal) No. 8914-8915 of 2018) and on this Court's earlier decisions in Shivam Gupta @ Shubham @ Lavi vs. State of U.P. (Application U/S 482 No.466 of 2024) and Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023), Manish Kumar, J. allowed the application, directing that furnishing of two sureties of Rs.50,000/- and a personal bail bond of the same amount in Case Crime no. 79/2025 (Sections 317(2) B.N.S., P.S. Satrikh, Barabanki) shall be held good in the remaining cases registered against the applicant, upon which he is to be released on bail on those sureties.

Neutral Citation No. - 2025:AHC-LKO:17077

Court No. - 14

Case :- APPLICATION U/S 528 BNSS No. - 238 of 2025

Applicant :- Amit Verma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan

Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

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 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit two sureties and a personal bond in all the cases in which he was roped in.

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

(i) Case Crime no. 79/2025 Under Sections 317(2) B.N.S. Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount.

(ii) Case Crime no. 27/2025 Under Sections 305(A), 331(4) B.N.S. Police Station Safdarganj Barabanki,in which the applicant has been released on bail by order dated 04.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount.

(iii) Case Crime no. 43/2025 Under Sections 305(Ka), 317(2) B.N.S. Police Station Jaidpur Barabanki,in which the applicant has been released on bail by order dated 12.02.2025 by the Chief Judicial Magistrate, Court No.18 Barabanki with a personal bond of Rs.20,000/- and two sureties of the same amount.

(iv) Case Crime no. 75/2025 Under Sections 305, 331(4) B.N.S. Police Station Satrikh Barabanki, in which the applicant has

been released on bail by order dated 10.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount.

(v) Case Crime no. 77/2025 Under Sections 305, 317(2) B.N.S. Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Additional Session Judge, Court No.1 Barabanki with two sureties of Rs.30,000/- a personal bond of the same amount.

(vi) Case Crime no. 78/2025 Under Sections 109 BNS and 3/25/27 Arms Act Police Station Satrikh Barabanki, in which the applicant has been released on bail by order dated 03.03.2025 by Learned Session Judge, Barabanki with a personal bond of Rs.30,000/- 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 huge sureties in each and every case in compliance of bail orders.

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 two sureties of Rs.50,000/- and a persona bail bond of the same amount in Case Crime no. 79/2025 Under Sections 317(2) B.N.S. Police Station Satrikh Barabanki, 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 :- 25.3.2025 S. Kumar

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