RASHID ALI SIDDIQUI AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/99/2025 · 2025-03-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123220 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123220 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13607 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 99 of 2025 Applicant :- Rashid Ali Siddiqui And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Siddhartha Sinha Counsel for Opposite Party :- G.A.,Komal Prasad Tiwari Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the record. Present application has been filed by the applicant seeking following main relief:-
"WHEREFORE it is most respectfully prayed that the condition for release of the applicants at the time of arrest i.e. a personal bond of Rs.50,000/-and two sureties of the same amount as imposed by the learned Special Judge. PC Act -V, Lucknow, vide order dated 16-01-2025 (contained as Annexure No.4 to this application) be modified to the extent that in case of arrest, the applicants be released on them furnishing a personal bond of Rs.20,000/- and a single surety each of the same amount." It is stated that the Special Judge. PC Act -V, Lucknow, vide order dated 16.01.2025 has granted bail to the applicants in Crime No. 200 of 2024, under Section 498A/323/504/506/327/307 BNS and 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S.-Kaiserbagh, District-Lucknow with the direction to submit/furnish personal bond of Rs. 50,000/- and two reliable sureties each of the like amount. However, applicants are very poor and not in a position to satisfy the aforesaid conditions. Upon due consideration of facts particularly that applicants were enlarged on bail vide order dated 16.01.2025 passed by the Special Judge. PC Act -V, Lucknow and till date they have not been able to furnish a personal bond of Rs. 50,000/- and two sureties of the like amount and the applicants on account of the same is still in jail, this Court is of the view that it is apparent that the applicants are not able to satisfy the said condition indicated in the bail order dated 16.01.2025.
Taking note of aforesaid as also the observations made by the Hon'ble Apex Court on the condition of bail in the case(s) of Moti Ram and Others vs. State of Madhya Pradesh (1978) 4 SCC 47, Hussainara Khatoon and Others vs. Home Secretary, State of Bihar, Government of Bihar, Patna; (1980) 1 SCC 81; Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. in Special Leave to Appeal (Crl.) 8915 of 2018; Satender Kumar Antil vs. Central Bureau of Investigation and another (2022) 10 SCC 51; Guddan @ Roop Narayan vs. State of Rajasthan (Criminal Appeal No. 120 of 2023 @ SLP (Criminal) No. 9756 of 2022); In Re: Policy Strategy for Grant of Bail (SMWP (Criminal) No. 4/2021); Munish Bhasin and Others vs. State (Government of NCT of Delhi) and Another (2009) 4 SCC 45; Sanjay Chandra vs. Central Bureau of Investigation (2012) 1 SCC 40; Sandeep Jain vs. National Capital Territory of Delhi (2000) 2 SCC 66 as also the judgment passed by the Karnataka High Court in case of Afsar Khan vs. State; I.L.R. 1992 KAR 2894 and the judgment passed in case of Sagayam @ Devasagayam vs. The State of Tamil Nadu; 2017 (3) CTC 291 and Sundar @ Ashok vs. Inspector of Police, T-16 Nazarathpet Police Station (Crl. O.P. No. 993 of 2017 dated 18.01.2017) by the Madras High Court, according to
which, onerous condition and also heavy amount as surety should not be imposed while granting the bail, this Court is of the view that the order dated 16.01.2025 is liable to be modified only to the extent of furnishing a personal bond of Rs. 20,000/- and one surety of the like amount. Accordingly, the Additional Special Judge. PC Act -V, Lucknow is directed to accept the personal bond of Rs. 20,000/- and one surety of the like amount. With the aforesaid, the application is disposed of.
Order Date :- 6.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench