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2025 DAILYLAW 123048 (ALL)

MOHD. TAKI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A482/1338/2025 · 2025-02-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9407 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1338 of 2025 Applicant :- Mohd. Taki Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhay Shankar Tiwari,Eshan Garg,Prachi Arya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant to permit him to submit two sureties and a personal bond in all six cases mentioned in paragraph 6 of this application. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in six cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned. He says 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. It is further submitted that the details of cases registered against applicant at District Barabanki are as follows:- a) Case Crime no. 185 of 2012, under Sections 147,148,452,323,504,506 IPC, Police station- Badosarai, District- Barabanki. b) Case Crime no. 387 of 2024, under Section 303(2) of B.N.S., Police Station- Tikaitnagar, District- Barabanki. c) Case Crime no. 314 of 2024, under Section 3(1) of the U.P. Gangsters and anti Social Activities (prevention) Act, Police Station Badosarai, District- Barabanki. d) Case Crime no.231 of 2024, under Sections 303(2), 317(2) of B.N.S., Police Station- Badosarai, District- Barabanki. e) Case Crime no.567 of 2024, under Section 303(2) of B.N.S., Police Station- Ramnagar, District- Barabanki. f) Case Crime no.412 of 2024, under Section 303(2) of B.N.S., Police Station- Tikaitnagar, District- Barabanki. 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. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs. 20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. Order Date :- 13.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench