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2025 DAILYLAW 128534 (ALL)

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

A482/2341/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15434 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2341 of 2025 Applicant :- Mahfooj Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suhail Kashif 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 six cases in which he was roped and has been granted bail in all the cases by the court concerned. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in six 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 Barabanki are as follows:- (i) Case Crime No. 526 of 2024, under Sections 331(4),305(A),317(2) BNS, Police Station- Mohammadpur Khala, District- Barabanki. (ii) Case Crime No. 208 of 2024, under Sections 457,380, 411 I.P.C, Police Station- Kothi, District- Barabanki. (iii) Case Crime No. 243 of 2024, under Sections 305,331(4) BNS, Police Station- Kothi, District- Barabanki. (iv) Case Crime No. 531 of 2024, under Sections 305 BNS, Police Station- Ramnagar, District- Barabanki. (v) Case Crime No. 1197 of 2023, under Sections 457, 380 I.P.C now 331(4)/305 BNS, Police Station- Kotwali Nagar, District- Barabanki. (vi) Case Crime No. 750 of 2024, under Sections 303(2),317(2),318(4),338,336(3),340(2) BNS, Police Station- Kotwali Nagar, District- Barabanki. 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