Tafheem vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Tafheem vs State Of U.P. Thru. Prin. Secy. Home ... on 25 March, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:17035
 
Court No. - 14
 

 
Case :- APPLICATION U/S 528 BNSS No. - 240 of 2025
 

 
Applicant :- Tafheem
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.
 
Counsel for Applicant :- Shujat Kidwai,Mamoon Rashid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.
 

Heard learned counsel for the applicants 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 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 two 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. 43/2025, U/s 109 BNSS and Section 3/25 Arms Act, Police Station - Baddupur, District - Barabanki, released on bail on 10.03.2025 by learned Sessions Court, Barabanki with personal bond of Rs.30,000/- and two sureties of Rs.30,000/- each.

(ii) Case Crime No.36/2025, U/s 309(6), 127(2), 317(2) BNSS, Police Station - Baddupur, District - Barabanki, released on bail on 12.03.2025, by learned Additional Sessions Judge, Barabanki with personal bond of Rs.50,000/- and two sureties of Rs.50,000/- each.

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.30,000/- and a bail bond of the same amount in Case Crime no. 43/2025, U/s 109 BNSS and Section 3/25 Arms Act, Police Station - Baddupur, District - 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