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2025 DAILYLAW 151609 (ALL)

CHHOTU @ MUSHTAQ v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NA528/761/2025 · 2025-07-16

Subhash Vidyarthi

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41251 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 761 of 2025 Applicant :- Chhotu @ Mushtaq Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Kumar, learned counsel for the applicant as well as Sri Hansraj Verma, learned Additional Government Advocate and perused the file, including the Annexures attached therewith. 2. The present petition under Section 482 Cr.P.C. has been filed with a prayer to allow the applicant to submit personal bonds and two sureties in one case which should be sufficient in two cases in which the applicant has been granted bail. 3. Learned counsel for the applicant submit that it is impossible for the applicant to submit separate sureties in each case in which he has been granted bail. The learned counsel further submits that the applicant has been granted bail in both the cases. Despite the trial Court granting him bail, the applicant is still in jail inasmuch as the applicant being a poor person is unable to produce the sureties in each cases, details of which are as follows:- (i) Case Crime No. 258 of 2024 under Sections 309(4), 317(2), 61(2) 109 BNS and 3/25 Arms Act, related to Police Station- Fatehpur Chaurashi, District- Unnao. (ii) Case Crime No. 07 of 2025, under Sections 3(1) U. P. Gangster and Anti-Social Activities (Prevention) Act, related to Police Station- Fatehpur Chaurasi, District- Unnao. 4. 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 Hon'ble Apex Court vide order dated 29.10.2018 has permitted the applicant to submit personal bonds and two sureties of heavy amount to hold good in both the cases. 5. Considering the aforesaid fact, the petition is disposed of and it is directed that the applicant shall furnish a personal bond of Rs. 50,000/- and two sureties of the like amount in one case which shall be treated to be valid in another case in which the bail order has been passed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench