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2025 DAILYLAW 139212 (ALL)

TAUFIQ @ HARGAM v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO

A482/3976/2025 · 2025-05-16

Manish Kumar

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29196 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3976 of 2025 Applicant :- Taufiq @ Hargam Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 3. The instant application under Section 482 Cr.P.C./528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to grant reprieve to the petitioner to the extent that to release the petitioner from jail by furnishing the personal bond and two sureties in all six cases as mentioned in this petition." 4. It is further submitted that the applicant is innocent and he has falsely been implicated in six cases mentioned in para No. 4 to 9 of the affidavit filed with the present case. He has next submitted that he has been granted bail by the court concerned in the said cases, the details of are as under : (i) Case Crime No. 233/2021, U/s 3/5/8 of Cow Slaughter Act, P.S. Atariya, District - Sitapur, in which the bail was granted on 20.07.2024 by Additional District and Sessions Judge Court No. 2, Sitapur with a personal bond of Rs.50,000/- and two sureties each of the same amount. (ii) Case Crime No. 059/2022, U/s 3/5/8 of Cow Slaughter Act and Section 34/420, 467, 468 IPC P.S. Maholi, District - Sitapur, in which the bail was granted on 20.07.2022 by Additional Sessions Judge, Court No. 1, Sitapur with a personal bond of Rs.100,000/- and two sureties each of the same amount. (iii) Case Crime No. 65/2022, U/s 307 I.P.C., P.S. Maholi, District - Sitapur, in which the bail was granted on 05.08.2022 by In-Charge Sessions Judge, Sitapur with a personal bond of Rs. 75,000/- and two sureties each of the same amount. (iv) Case Crime No. 66/2022 under section 25(1-B) Arms Act, Police Station Maholi District Sitapur, in which the bail was granted on 16.11.2022 by Judicial Magistrate-II,Sitapur with a personal bond of Rs. 20,000/- and two sureties each of the same amount. (v) Case Crime No. 150/2019 under section 3/5/8 of Cow Slaughter Act, Police Station Atariya District Sitapur, in which the bail was granted on 19.09.2019 by Sessions Judge, Sitapur with a personal bond of Rs. 50,000/- and two sureties each of the same amount. (vi) Case Crime No. 174/2022 under section 2(b)(1)/3(1) U.P. Gangster Act, Police Station Atariya District Sitapur, in which the bail was granted on 25.03.2025 by this Court with a personal bond of Rs.100,000/- and two sureties each of the same amount. 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 cases i.e. Case Crime No. 150/2019 under section 3/5/8 of Cow Slaughter Act, Police Station Atariya District Sitapur & Case Crime No. 174/2022 under section 2(b) (1)/3(1) U.P. Gangster Act, Police Station Atariya District Sitapur, 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 :- 16.5.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench