MOHD. SUFIYAN KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NA528/434/2025 · 2025-05-15
Shree Prakash Singh
Special Leave Petitionbody2025
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[ 2025 DAILYLAW 140171 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140171 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28698 Court No. - 29 Case :- APPLICATION U/S 528 BNSS No. - 434 of 2025 Applicant :- Mohd. Sufiyan Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- D.P. Dutt Tiwari,Bal Ram Jakhar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material placed on record. By means of the instant application, the applicant has prayed that this Court may be pleased to direct the learned Court below not to insist the applicant to file separate sureties and bonds in each and every three cases and accept only two sureties and one personal bond in lieu of all the three cases. The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit separate sureties and bonds in each of cases, in which he has been granted bail. He added that the applicant has been granted bail in three cases arising out of the following Case Crime Numbers :- (1) Case Crime No. 53 of 2025, under Sections 305(2), 317(2) of BNS, Police Station GRP, Charbagh, District Lucknow. (2) Case Crime No. 306 of 2024, under Sections 303(2), 317(2) of BNS, Police Station GRP, Charbagh, District Lucknow (3) Case Crime No. 284 of 2024, under Sections 303(2), 317(2) of BNS, Police Station GRP, Charbagh, District Lucknow. He next added that despite the Trial Court granted the bail in aforesaid matters, the applicant is still in jail. Being poor person, he is unable to produce the sureties in each cases. It is further submitted by learned counsel for the applicant that in similar circumstances, namely, in the case of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh [SLP (Crl.) No.8914- 8915/2018] the Supreme Court vide order dated
29.10.2018 has permitted the petitioner to submit separate personal bonds and two sureties of heavy amount to hold good in all the cases. Referring the aforesaid judgement and order, he submits that the applicant may also be given the benefit of the ratio of the judgement passed in Hani Nishad @ Mohammad Imran @ Vikky (supra). Considering the aforesaid fact, the petition is disposed of with a direction to the applicant to furnish a personal bond of Rs.
20,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other cases wherein the bail orders have been passed. Order Date :- 15.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench