MOHD. AFJAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/342/2025 · 2025-04-23
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23565
Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 342 of 2025 Applicant :- Mohd. Afjal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Kumar Maurya,Vikas Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed with the following main prayer":-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Courts concerned not to insist the petitioner to file the separate surety bonds in each and every three (3) case and accept only two sureties and one personal bond in lieu of all cases (mentioned on Para 5 of the memo of petition) in the interest of justice."
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 3 cases. He has next submitted that he has been granted bail by the court concerned in the said three cases, the details of are as under : (i) Case Crime no. 15/2025, U/s 305 (A), 331 (4), 317 (2), 317 (4), 3 (5) of B.N.S. Police Station Gola, District Lakhimpur Kheri, in which the bail was granted on 19.3.2025 by Sessions Judge, Lakhimpur Kheri with two sureties of Rs.75,000/- each and a personal bond of the same amount. (ii) Case Crime no. 28/2025, U/s 305 (A), 331 (4), 317 (2), 317 (4), 3 (5) of B.N.S. Police Station Gola, District Lakhimpur Kheri, in which the bail was granted on 27.3.2025 by Sessions Judge, Lakhimpur Kheri with two sureties of Rs.75,000/- each and a personal bond of the same amount. (iii) Case Crime no. 639/2024, U/s 305 (A), 331 (4), 317 (2), 317 (4) of B.N.S. Police Station Gola, District Lakhimpur Kheri, in which the bail was granted on 17.3.2025 by Sessions Judge, Lakhimpur Kheri with two sureties of Rs.1,00,000/- each and a personal bond of the same amount.
He has further submitted that the applicant is a very poor person and not in a position to furnish huge sureties in aforesaid three cases in compliance of bail orders passed therein.
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. 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 two sureties of Rs.1,00,000/- each and a personal bail bond of the same amount in Case Crime no.
639/2024, U/s 305 (A), 331 (4), 317 (2), 317 (4) of B.N.S. Police Station Gola, District Lakhimpur Kheri, then the same shall be held good in rest two cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 23.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench