SADDAM HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/203/2025 · 2025-03-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128491 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15431 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 203 of 2025 Applicant :- Saddam Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Harish Chandra 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 seeking following main relief:-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the writ petition of the petitioner and granted reprieve to petitioner to extent that a direction may be issued to file single set of sureties in the Cr. No. 153/2024, U/S 310(4), 310(5), 309(1), 317(2), 307(4), BNS Police Station-Mawai, District- Ayodhya as well as Bail order Application No. 1468/2024 and its copy may be placed in all the cases:. In Cr. 129/2024 U/S- 305, 331, 317(2), 2(5) BNS P.S.- Mawai, District-Ayodhya as well as Bail order Application No. 98/2025 which have been slapped against the petitioner on single surrender, contained in Annexure No.2 & 3 to the accompanying affidavit, in the interest of justice."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in two cases. He next submitted that in both the cases registered against the applicant, he has been granted bail by the court concerned. He says that the applicant is 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 Ayodhya are as follows:- (i) Case Case No. 153/2024, under Sections-310(4),310(5),109(1),317(2),317(4) BNS, P.S.-Mawai, District-Ayodhya. (ii) Case Crime No. 129/2024, under Sections-305,331,317(2),2(5) BNS, P.S.- Mawai, District-Ayodhya.
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 :- 12.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench