Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 142331 (ALL)

MOHD. AKRAM KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO

A482/4579/2025 · 2025-06-03

Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:34410 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4579 of 2025 Applicant :- Mohd. Akram Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Zia Ul Qayuim,Mohd Ashif Khan,Syed Mohd. Afzal Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Supplementary affidavit filed by learned counsel for the applicant today in Court is taken on record. 2. Heard, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 3. This application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed by the applicant with the following relief:- "To direct the learned Trial Court below not to insist the applicant to file separate surety bonds in the two criminal cases registered against him, and to accept/allow the applicant to submit only a personal bond and two sureties in lieu of two cases mentioned in para 3 of this petition, treating the same for both the two criminal cases." 4. Learned counsel for applicant submits that the applicant was arrested in First Information Report No.847 of 2020, Police Station-Gomti Nagar, District-Lucknow on 07.09.2021 and he was enlarged on bail by means of order dated 05.03.2022 passed in Bail Application No.1077 of 2022 by this court. However he was implicated in other two cases, but he was not taken on remand in the said two cases. After release in the said case, the applicant has again been arrested and taken into custody in the said two cases, in which the applicant has been enlarged on bail. The details of the cases are as under:- "(i) Case Crime No.798 of 2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station-Gomti Nagar, District- Lucknow in Criminal Misc. Bail Application No.13040 of 2024 vide order dated 08.05.2025. (ii) Case Crime No.776 of 2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station-Gomti Nagar, District- Lucknow in Criminal Misc. Bail Application No.13147 of 2024 vide order dated 08.05.2025. 5. Learned counsel for the applicant further submits that there is no other case against him except the aforesaid three cases. 6. Learned counsel for applicant has submitted that the applicant is not in a position to arrange four sureties for the two cases as heavy amount has also been fixed by the court concerned for the sureties. He has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. passed in Special Leave to Appeal (Crl.) No(s). 8914- 8915/2018 (arising out of impugned final judgment and order dated 08.05.2018 in CRLMC No. 2738/2018 16.8.2018) passed by the High Court of Judicature at Allahabad, Lucknow Bench) and submits that the applicant may be permitted to furnish two sureties, which may be directed to be applicable in both cases. Hon'ble the Supreme Court in the aforesaid case has permitted to applicant to furnish two sureties and a bond in 31 cases. 7. In view of above, this application under Section 482 Cr.P.C. is disposed of finally with a direction to the applicant to furnish one personal bond as directed by the court concerned in both the two cases and two sureties of Rs.50,000/- in Case Crime No.798 of 2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station-Gomti Nagar, District-Lucknow, which shall be for both the cases and copies thereof shall be kept on record in the other case. Consequences shall follow accordingly. . ........................................(Rajnish Kumar,J.) Order Date :- 3.6.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench