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2025 DAILYLAW 124553 (ALL)

MOHD. ASHFAQ v. STATE OF U.P. THRU. PRIN SECY. (HOME) LKO.

A482/1835/2025 · 2025-03-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13297 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1835 of 2025 Applicant :- Mohd. Ashfaq Opposite Party :- State Of U.P. Thru. Prin Secy. (Home) Lko. Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Sudha Pal, learned counsel for the applicant and Sri Amitabh Chaturvedi, 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 one personal bond for all seven cases from the applicant and applicant has been granted bail in all cases by the court below. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all seven cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. He says that the applicant is 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 in District Sultanpur are as follows:- (i) Case Crime No. 254 of 2023 under section 379/411 I.P.C. at Police Station Karaundikala, ii) Case Crime No. 008 of 2024 under section 379/411/413/420/468/471 Ι.P.C. at Police Station Dhammaur, iii) Case Crime No. 251 of 2023 under section 380/411 I.P.C. at Police Station Karaundikala, iv) Case Crime No. 463 of 2023 under section 457/380 I.P.C. at Police Station Kotwali Dehat v) Case Crime No. 1041 of 2023 under section 379/411 I.P.C. at Police Station Kotwali Nagar, vi) Case Crime No. 10 of 2024 under section 379/411 I.P.C. at Police Station Musarfirkhana, vii) Case Crime No. 88 of 2024 under Section 2,3(1) U.P.Gangster Act, Police Station Dhammaur, 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 :- 5.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench