MOHD. AFAQ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
NA528/280/2025 · 2025-04-08
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19845 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 280 of 2025 Applicant :- Mohd. Afaq Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Satish Kumar,Amit Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
2. The instant application under Section 428 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit a personal bail bond and two sureties in Case Crime No. 400 of 2024 under Section 305A, 317(2), 331(4) of BNS, P.S. Dubagga, District Lucknow and Case Crime No. 3 of 2025 under Sections 305A, 317(2), 331(4) of BNS, P.S. Dubagga, District Lucknow.
3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in said cases. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned, the details of are as under : (i)Case Crime No. 400 of 2024 under Section 305A, 317(2), 331(4) of BNS, P.S. Dubagga, District Lucknow in which the bail was granted on 3.4.2025 by Additional Sessions Judge/Special Judge, Court No. 4, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii)Case Crime No. 3 of 2025 under Sections 305A, 317(2), 331(4) of BNS, P.S. Dubagga, District Lucknow in which the bail was granted on 2.4.2025 by Sessions Judge, Lucknow with two sureties of Rs. 25,000/- each and a personal bond of the same amount.
4. He has further submitted that the applicant is a labour class man and a very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders.
5. 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.
6. Learned A.G.A. submits that he does not want to file any counter affidavit.
7. Considering the observations made by the Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and also the observations made by this Court in the case of Shivam Gupta @ Shubham @ Lavi vs. State of U.P. through Secretary Home Civil Sectt. Lko (Application U/S 482 No.466 of 2024) as well as in Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023), the present application is allowed with a direction that in case the applicant provides the personal bond and two sureties mentioned in the following one of the two bail orders dated 3.4.2025 i.e. (i) Case Crime No. 400 of 2024 under Section 305A, 317(2), 331(4) of BNS, P.S. Dubagga, District Lucknow (two sureties of Rs. 50,000/- each and a personal bond of the same amount) then the same shall be held good in rest of the cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 8.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench