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2025 DAILYLAW 155644 (ALL)

MASOOM ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/892/2025 · 2025-08-06

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45750 Court No. - 28 Case :- APPLICATION U/S 528 BNSS No. - 892 of 2025 Applicant :- Masoom Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umesh Kumar Maurya,Vikas Maurya Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. By means of the instant applicant, the applicant has prayed that this Court may be pleased to direct the learned court below to allow the applicant to file only two sureties and one personal bond in lieu of all six cases. 3. 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 six cases arising out of following case crime numbers :- 1) Case Crime No.08/2025, under Sections 305(a), 331(4) of B.N.S., Police Station Para, District Lucknow. 2) Case Crime No.23/2025, under Sections 305(a), 331(4) of B.N.S., Police Station Para, District Lucknow. 3) Case Crime No.32/2025, under Sections 305(a), 331(4) of B.N.S., Police Station Para, District Lucknow. 4) Case Crime No.96/2025, under Sections 305(A), 317(2) of B.N.S., Police Station Kakori, District Lucknow. 5) Case Crime No.110/2025, under Sections 305(a), 331(4), 317(2) of B.N.S., Police Station Kakori, District Lucknow. 6) Case Crime No.158/2025, under Sections 303(2), 317(2) of B.N.S., Police Station Gazipur, District Lucknow. 4. 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. 5. 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). 6. Considering the aforesaid facts, the application is disposed off with a direction to the applicant to 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 all other cases wherein the bail orders have been passed. . (Brij Raj Singh,J.) Order Date :- 6.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench