DANISH @ MOHD. DANISH v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.
NA528/126/2025 · 2025-02-18
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10673 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 126 of 2025 Applicant :- Danish @ Mohd. Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Anil Kumar Pandey,Rajesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P./opposite party no. 1. This application under Section 528 BNSS has been filed by the applicant with prayer to pass a direction to the court below to accept one personal bond and two sureties to the satisfaction of the court concerned for all the six cases.
Learned counsel for the applicant submits that applicant has been implicated in six cases and in all the cases he has been granted bail by the court with certain conditions, the details of cases and bail orders are given hereinbelow : (i) Case Crime No. 565 of 2024, under Sections 305(c), 317(2), 318(2) BNS, Police Station Gosainganj, District Lucknow, in which the applicant has been granted bail vide order dated
23.01.2025. (ii) Case Crime No. 654 of 2024, under Sections 305(c), 317(2) BNS, Police Station Sushant Golf City, District Lucknow, in which the applicant has been granted bail vide order dated 10.02.2025. (iii) Case Crime No. 517 of 2024, under Sections 305(c), 317(2) BNS, Police Station Sarojani Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 29.01.2025. (iv) Case Crime No. 518 of 2024, under Sections 305(c), 317(2) BNS, Police Station Sarojani Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 29.01.2025. (v) Case Crime No. 452 of 2024, under Sections
305(c) BNS, Police Station Sarojani Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 29.01.2025. (vi) Case Crime No. 477 of 2024, under Sections 305(c) BNS, Police Station Sarojani Nagar, District Lucknow, in which the applicant has been granted bail vide order dated 29.01.2025. Copy of the bail orders have been annexed as Annexure No. 1 to the affidavit.
Learned counsel for the applicant further submits that the applicant is a poor person and it is nearly impossible for him to arrange separate personal bond and two sureties each for the aforementioned cases. He prays that the court below may be directed to accept a personal bond of suitable amount and two sureties for all the six cases, in which applicant has been granted bail. In support of his contentions, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh, 2018 SCC OnLine SC 3946, wherein the Court in similar circumstances has
directed that the petitioner therein shall execute a personal bond for Rs. 30,000/- and two sureties shall hold good for all the 31 cases lodged against the petitioner therein. Learned A.G.A. on the other hand submits that looking into the serious nature of allegations levelled against the applicant in the aforesaid cases as well as number of cases registered against him, in the interest of justice, surety of high amount may be fixed which will hold good for all the cases registered against the applicant. In the light of above, it is provided that the bail orders granting bail to the applicant in the aforesaid cases, stand modified to the extent that the applicant shall furnish and execute personal bond of Rs. 25,000/- and two sureties of like amount to the satisfaction of the court concerned, and the same shall hold good for all the cases mentioned herein above.
Other than condition of personal bond and sureties, rest of the conditions as detailed in the respective anticipatory bail orders in the aforesaid six cases shall remain intact. With the aforesaid directions, the instant application stands allowed.
Order Date :- 18.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench