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2025 DAILYLAW 122345 (ALL)

ALI ABBAS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NA528/87/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8474 Court No. - 17 Case :- APPLICATION U/S 528 BNSS No. - 87 of 2025 Applicant :- Ali Abbas Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Arvind Kumar Mishra,Neha Chaurasia 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 and 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 three cases. He has next submitted that in all the cases lodged against the applicant, he has been granted bail by the court concerned, bail orders have collectively been annexed as Annexure 1 to the application. He says that the applicant is a very poor person and not in a position to furnish sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant are as under : (i) Case Crime no. 331/2024 U/s 309 (6) B.N.S. Police Station Jankipuram. District Lucknow, released on bail 19.11.2024 Bail application no. 9003/2024 granted by Addl. Session Judge, Court no. 4/Special Judge (E.C. Act) Lucknow. Amount of Surety: Rs. 50,000/- x 2 + Personal Bond. (ii) Case Crime no. 251/2024 U/s 303 (2), 317 (2), 3 (5) IPC Police Station - Maha Nagar, District Lucknow, released on bail on 21.01.2025 Bail application no. 392/2025 granted by Special Judge, (Anti Corruption Act) C.B.I. Court no. 3. Lucknow. Amount of Surety: Rs. 50,000/- x 2 + Personal Bond. (iii) Case Crime no. 333/2024 U/s 109 (1) B.N.S. AND 3/25 Arms Act Police Station Jankipuram, District Lucknow. released on bail on 19.11.2024. Bail application no. 9001/2024 Granted by Additional Session Judge Court no. 4/Special Judge (E.C. Act) Lucknow. Amount of Surety: Rs. 75,000/- x 2 + personal bond. 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 afÏdavit. 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 and bail bond in Case Crime no. 331/2024 U/s 309 (6) B.N.S. Police Station Jankipuram. District Lucknow,, then the same shall be held good in rest of the cases registered against the applicant at District Lucknow and the applicant shall be released on bail on that sureties. Order Date :- 10.2.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench