Allahabad High Court
Mohd. Salman vs State Of U.P. Thru. Prin. Secy. Home Lko. on 1 April, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:18226
Court No. - 14
Case :- APPLICATION U/S 528 BNSS No. - 243 of 2025
Applicant :- Mohd. Salman
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Mohammad Alishah Faruqi,Azizullah 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 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit one surety 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 five 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. 234 of 2024, U/s 305,62,331(4) B.N.S.,P.S. Wazeerganj, District - Lucknow, in which the bail was granted on 09.01.2025 by learned Additional Chief Judicial Magistrate, VII,Court No.31, Lucknow with two sureties of Rs.20,000/- each and a personal bond of the same amount.
(ii) Case Crime no. 343 of 2024, U/s 305(A), 317(2) B.N.S., P.S. Thakurganj, District -Lucknow, in which the bail was granted on 02.01.2025 by learned A.C.J./A.C.J.M., Court No. 24, District Lucknow with two sureties of Rs.30,000/- each and a personal bond of the same amount.
(iii) Case Crime no. 412 of 2024, U/s 305, 317 (2) B.N.S., P.S. Para, District - Lucknow, in which the bail was granted on 28.01.2025 by learned Additional Sessions Judge, Court No. 18, District Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount.
(iv) Case Crime no. 445 of 2024, U/s 305, 331 (4) and 317 (2) B.N.S., P.S. Para , District - Lucknow in which the bail was granted on 11.02.2025 by learned Additional Sessions Judge, Court No. 18, Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount.
(v) Case Crime no. 460 of 2024, U/s 305,331(4) and 317 (2) B.N.S., P.S. Para, District - Lucknow, in which the bail was granted on 28.01.2025 by learned Sessions Judge, Lucknow with two sureties of Rs.50,000/- each and a personal bond 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. 20,000/- each and a personal bail bond of the same amount in Case Crime no. 234 of 2024, U/s 305,62,331(4) B.N.S.,P.S. Wazeerganj, District - Lucknow and two sureties of Rs.50,000/- each and a personal bail bond of the same amount inCase Crime no. 412 of 2024, U/s 305, 317 (2) B.N.S., P.S. Para, District - Lucknow, 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 :- 1.4.2025
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