ALAUDDIN ALAM v. STATE OF U.P. THRU. PRIN. SECY. SECY. HOME LKO.
A482/3559/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136683 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24180 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3559 of 2025 Applicant :- Alauddin Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Secy. Home Lko. Counsel for Applicant :- Soumya Dixit,Pratyush Rawat 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 by the applicant with the following prayer:-
"Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned trial Court of District Lucknow to accept the personal bond and two sureties to the satisfaction of the court concerned in one case, and the same shall be considered by the Court concerned as sureties and bonds in other cases for the purpose of releasing the applicant on bail 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, in which he has been granted bail. The details of which are as under:- (i) Crime no. 064/2020 under Sections 406, 420, 504, 506 IPC pertaining to Police Station- Vibhuti Khand, District Lucknow, in which bail was granted on 03.04.2025 by learned Sessions Judge, Lucknow with a personal bond of Rs. 40,000/- alongwith two sureties each in the like amount. (ii) Crime no. 0005/2022 under Sections 406, 420, 504, 506 IPC pertaining to Police Station- Vibhuti Khand, District Lucknow, in which bail was granted on 03.04.2025 by learned Sessions Judge, Lucknow with a personal bond of Rs. 50,000/- alongwith two sureties each in the like amount. He has further submitted 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.
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 the personal bail bond and two sureties mentioned in one of the two bail order dated 03.04.2025 i.e. Crime no. 0005/2022, U/s 420, 406, 504, 506 IPC, P.S. Vibhuti Khand, District Lucknow amounting to Rs. 50,000/-, then the same shall be held good in rest of the case registered against the applicant, in which the bail has been granted, as mentioned above, and the applicant shall be released on bail on that sureties.
Order Date :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench