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2025 DAILYLAW 137899 (ALL)

ABDUL MANNAN @ MONU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NA528/396/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26039 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 396 of 2025 Applicant :- Abdul Mannan @ Monu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Gulam Rabbani 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 record. 2. This instant application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been filed by the applicant with following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the concerned Courts to release the petitioner on bail, accepting only two sureties of Rs.50,000/- in all the four cases, i.e. (i) Case Crime No.196 of 2024, under sections 3/25 Arms Act, Police Station- Mawai, District- Ayodhya, (ii) Case Crime No.195 of 2024, under sections- 310 (4), 310 (5) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Mawai, District- Ayodhya, (iii) Case Crime No.169 of 2024, under sections- 310 (2), 317 (3), 3 (5) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Mawai, District- Ayodhya and (iv) Case Crime No.163 of 2024, under sections- 310 (2), 317 (3), 3 (5) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, Police Station- Mawai, District- Ayodhya, in the interest of justice." 3. Learned counsel for the applicant has submitted that the applicant has been granted bail in four criminal cases by the court below, the copy of the bail orders are enclosed as Annexure Nos. 1 to 3 of the application. The details of criminal cases pending against the applicant are as under:- (1) Case Crime No. 196/2024, U/S-3/25 Arms Act, Police Station- Mawai, District- Ayodhya, bail granted by order dated 16.04.2025 with a personal bond of Rs. 30,000/- and two sureties of the same amount. (2) Case Crime No. 195/2024, U/S 310(4), 310(5) BNS, Police Station- Mawai, District- Ayodhya, bail granted by order dated 16.04.2025 with a personal bond of Rs. 50,000/- and two sureties of the same amount. (3) Case Crime No. 169/2024, U/S 310(2), 317(3), 3(5) BNS, Police Station- Mawai, District- Ayodhya, bail granted by order dated 16.04.2025 with a personal bond of Rs. 50,000/- and two sureties of the same amount. (4) Case Crime No. 163/2024, U/S 310(2), 317(3), 3(5) BNS, Police Station- Mawai, District- Ayodhya, bail granted by order dated 16.04.2025 with a personal bond of Rs. 50,000/- and two sureties of the same amount. 4. Learned counsel for the applicant has further submitted that there is no difficulty in submitting the personal bond in each cases but it is very difficult for the applicant to arrange the sureties in each cases and prayed that the court concerned may be directed to accept personal bond in each and every case, as directed by the court concerned and two sureties of Rs. 50,000/-, only in one case. 5. Learned counsel for the applicant has relied upon the the judgment of the Hon'ble Supreme Court in {S.L.P (Crl) Nos. 8914-8915 of 2018}, Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others. 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 personal bond according to the bail orders granted by court concerned in each and every case and two sureties of Rs.50,000/- in the case mentioned at Serial No.(2) i.e. Case Crime No. 195/2024, U/S 310(4), 310(5) BNS, Police Station- Mawai, District- Ayodhya, then the same shall be held good in rest of the cases 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 :- 5.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench