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2025 DAILYLAW 124762 (ALL)

MEHBOOB ALAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

A482/1632/2025 · 2025-02-20

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11085 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1632 of 2025 Applicant :- Mehboob Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Apoorva Jyoti,Neeraj Kumar Rawat 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 482 Cr.P.C. has been filed by the applicant with prayer to pass a direction to the court below to accept one personal bond and one surety to the satisfaction of the court concerned for all the five cases. Learned counsel for the applicant submits that applicant has been implicated in five cases and in all the cases he has been granted bail by the court below with certain conditions, the details of cases and bail orders are given hereinbelow : (i) Case Crime No. 247 of 2023, under Section 307 I.P.C. and Sections 3/4/25 Cow Slaughter Act, Police Station Jhangirabad, District Barabanki. (ii) Case Crime No. 191 of 2023, under Sections 3/4/8 Cow Slaughter Act, Police Station Jhangirabad, District Barabanki. (iii) Case Crime No. 204 of 2023, under Section 3/4/8 Cow Slaughter Act, Police Station Ghunghter, District Barabanki. (iv) Case Crime No. 307 of 2023, under Sections 3/4/8 Cow Slaughter Act, Police Station Kotwali Nagar, District Barabanki. (v) Case Crime No. 0001 of 2024, under Section 3(1) U.P. Gangster Act, Police Station Ghunghter, District Barabanki. 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 one surety for all the five 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 one surety 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 bail orders in the aforesaid five cases shall remain intact. With the aforesaid directions, the instant application stands allowed. Order Date :- 20.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench