NASEEM ALIAS BHURRI v. STATE OF U.P. THRU. SECY. HOME LKO.
A482/3653/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137320 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24568 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3653 of 2025 Applicant :- Naseem Alias Bhurri Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma 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 available on record. 2. The instant application under Section 482 Cr.P.C., now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with a prayer to allow the him to submit a personal bond and two sureties in all the cases in which he was roped in. 3. Learned counsel for the applicant has submitted that applicant, at this stage, does not want to press the relief as far as case shown at serial no. 1 in paragraph-6 of the affidavit filed alongwith the present application is concerned and he prays for withdrawal of the application as far as it is related to the case shown at serial no. 1 as dismissed as not pressed, with liberty to file a fresh. 4. As prayed, the present application is dismissed as not pressed as far as the case shown at serial no. 1 of paragraph-6 of the affidavit filed along with the present application is concerned, with liberty to file a fresh. 5. Learned counsel for the applicant further submits that the applicant is innocent and he has falsely been implicated in six 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. 444/2023, U/s 3(1) U.P Gangsters Act and Anti Social Activities (Prevention) Act 1985., P.S. Kaisherganj, District- Bahraich, in which the bail was granted on 01.03.2024 by this Hon'ble Court with a personal bond of Rs. 20,000/- and two sureties of the same amount. (ii) Case Crime no. 312/2023, U/s 380, 411, 457, P.S. Kaisherganj, District- Bahraich, in which the bail was granted on 20.11.2023 by the learned Incharge, Sessions Judge, Bahraich with a personal bond of Rs. 50,000/- and two sureties of the same amount. (iii) Case Crime no.
338/2023, U/s 380, 411, 457 I.P.C, P.S.
Kaisherganj, District- Bahraich, in which the bail was granted on 04.01.2024 by the Sessions Judge, Bahraich with a personal bond of Rs. 50,000/- and two sureties of the same amount. (iv) Case Crime no. 230/2023, U/s 380, 457 I.P.C, P.S. Fakharpur, District- Bahraich, in which the bail was granted on 03.01.2024 by the learned Sessions Judge, Bahraich with a personal bond of Rs. 50,000/- and two sureties of the same amount. (v) Case Crime no. 260/2023, U/s 380, 457 I.P.C , P.S. Baundi, District- Bahraich, in which the bail was granted on 20.11.2023 by the Incharge of Sessions Judge, Bahraich with a personal bond of Rs. 1,00,000/- and two sureties of the same amount. (vi) Case Crime no. 380/2023, U/s 380, 457 I.P.C, P.S. Kotwali Nanpara, District- Bahraich, in which the bail was granted on 14.12.2023 by Sessions Judge, Bahraich with a personal bond of Rs. 50,000/- and two sureties of the same amount. 4. 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. 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 a personal bond of Rs. 1,00,000/- and two sureties of the same amount in Case Crime no. 260/2023, U/s 380, 457 I.P.C , P.S. Baundi, District- Bahraich and a personal bond of Rs. 50,000/- and two sureties of the same amount in Case Crime no. 380/2023, U/s 380, 457 I.P.C, P.S. Kotwali Nanpara, District- Bahraich, 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 those sureties.
Order Date :- 29.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench