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2025 DAILYLAW 134699 (ALL)

MOHD. KALEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A482/3323/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27915 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3323 of 2025 Applicant :- Mohd. Kaleem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhaker Prakash 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 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following main relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petitioner submitted a personal bond and two sureties in the all cases (mentioned in para 5 of the memo of petition) in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in five 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. 120 of 2024 under Sections 380, 411, 457 IPC, P.S. Madiyaon, District Lucknow in which the bail was granted on 21.1.2025 by the court below with two sureties of Rs. 50,000/- each and a personal bond of the same amount. (ii) Case Crime No. 121 of 2024 under Sections 380, 411, 454 IPC, P.S. Madiyaon, District Lucknow in which the bail was granted on 24.12.2024 by the court below with two sureties of Rs. 20,000/- each and a personal bond of the same amount. (iii) Case Crime No. 122 of 2024 under Sections 379, 411 IPC, P.S. Madiyaon, District Lucknow in which the bail was granted on 19.12.2024 by the court below with two sureties of Rs. 30,000/- each and a personal bond of the same amount. (iv) Case Crime No. 123 of 2024 under Sections 379, 411 IPC, P.S. Madiyaon, District Lucknow in which the bail was granted on 19.12.2024 by the court below with two sureties of Rs. 30,000/- each and a personal bond of the same amount. (v) Case Crime No. 248 of 2024 under Sections 3(1) of U.P. Gangster Act, P.S. Madiyaon, District Lucknow in which the bail was granted on 27.3.2025 by this Court in Crl. Misc. Bail Application No. 1302 of 2025 with a direction to furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on which learned Trial Court has passed an order dated 5.4.2025 (annexed as Annexure1) with a direction to furnish two sureties of Rs. 50,000/- 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 two of the five bail orders dated 21.1.2025 i.e. (i) Case Crime No. 120 of 2024 under Sections 380, 411, 457 IPC, P.S. Madiyaon, District Lucknow (two sureties of Rs. 50,000/- each and a personal bond of the same amount) and order dated 24.12.2024 i.e. (ii) Case Crime No. 121 of 2024 under Sections 380, 411, 454 IPC, P.S. Madiyaon, District Lucknow (two sureties of Rs. 20,000/- 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 :- 12.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench