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2025 DAILYLAW 152067 (ALL)

IBRAR KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NA528/777/2025 · 2025-07-22

Subhash Vidyarthi

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42000 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 777 of 2025 Applicant :- Ibrar Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Farazul Hasan,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vijay Kumar, the 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 528 BNSS 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 four 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 all 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. 94 of 2025, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Fakharpur, District Bahraich, ii. Case Crime No. 187 of 2025, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Fakharpur, District Bahraich, iii. Case Crime No. 186 of 2025, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Fakharpur, District Bahraich and iv. Case Crime No. 190 of 2025, under Sections 109 (1), 3(5), 317(2), 313, 317(5) B.N.S. and 3/25 Arms Act, Police Station Fakharpur, District Bahraich" 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 all 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 other three cases wherein the bail orders have been passed. . (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench