Allahabad High Court
Shafaq vs State Of U.P. Thru. Prin. Secy. Home Lko. on 5 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:34753
Court No. - 5
Case :- APPLICATION U/S 528 BNSS No. - 555 of 2025
Applicant :- Shafaq
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Eshan Garg,Prachi Arya
Counsel for Opposite Party :- G.A.
Hon'ble Manjive Shukla,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
2. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed with the following main prayer":-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petitioner to submit a personal bond and two sureties in the all cases (mentioned in para 6 of the petition) in the interest of justice"
3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 4 cases. He has next submitted that he has been granted bail by the court concerned in the said four cases, the details of which are as under :
a) Case Crime No. 221 of 2025 under Section 303(2) of B.N.S., P.S. Safdarganj, District - Barabanki, in which the bail was granted on 15.05.2025 by Sessions Judge, Barabanki with two sureties of Rs.30,000/- each and a personal bond of the same amount.
b) Case CrimeNo. 139/2025, U/s 303(2), 317 (2) of B.N.S., P.S. Zaidpur, District - Barabanki, in which the bail was granted on 12.05.2025 by the learned Additional Sessions Judge, Court No. 9, Barabanki with two sureties of Rs.50,000/- each and a personal bond of the same amount.
c) Case CrimeNo. 136/2025, U/s 303(2), 317 (2) of B.N.S., P.S. Zaidpur, District - Barabanki, in which the bail was granted on 12.05.2025 bythe learned Additional Sessions Judge, Court No. 9 with two sureties of Rs.50,000/- each and a personal bond of the same amount.
d) Case CrimeNo. 137/2025, U/s 303(2), 317 (2) of B.N.S., P.S. Zaidpur, District - Barabanki, in which the bail was granted on 12.05.2025 bythe learned Additional Sessions Judge, Court No. 9 with two sureties of Rs.50,000/- each and a personal bond of the same amount.
4. He has further submitted that the applicant is a very poor person and not in a position to furnish huge sureties in aforesaid four cases in compliance of bail orders passed therein.
5. 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.
7. 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.30,000/- each and a personal bail bond of the same amount inCase Crime no. 221 of 2025 under Section 303(2) of B.N.S., P.S. Safdarganj, District - Barabanki, then the same shall be held good in other cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 5.6.2025
Gaurav
