MOHD. SALMAN v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO.
NA528/148/2025 · 2025-03-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125494 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125494 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14452 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 148 of 2025 Applicant :- Mohd. Salman Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. Counsel for Applicant :- Jayant Pratap Singh,Abhinav Anand Verma,Manav Gupta 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 personal bond in all the cases in which he was roped and has been granted bail by the court concerned.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in five 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 Lucknow are as follows:- (a) FIR No. 343 of 2024, under Sections 305 (a) & 317(2) BNS, 2023, P.S.- Thakurganj, District- Lucknow. (b) FIR No. 234/2024, under Sections 305, 62 & 331(4) BNS, 2023, P.S.- Wazirganj, District- Lucknow. (c) FIR No. 412/2024, under Sections 305 & 317(2) BNS, 2023, P.S.- Para, District- Lucknow. (d) FIR No. 460/2024, under Sections 305, 331(4) & 317(2) BNS, 2023, P.S.- Para, District- Lucknow. (e) FIR No. 445/2024, under Sections 305, 331(4) & 317(2) BNS, 2023, P.S.- Para, District- Lucknow.
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 :- 10.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench