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2025 DAILYLAW 170563 (ALL)

JAFAR HUSSAIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NA528/136/2024 · 2025-01-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3176 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 136 of 2024 Applicant :- Jafar Hussain And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Diwakar Goyal,Soumya Kanoujia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Ashish Kumar, Advocate holding brief of Shri Diwakar Goyal, learned counsel for the applicant(s), learned A.G.A. for the State and perused the material on record. 3. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been filed by the applicant to permit him to submit a personal bond and two sureties in all cases in which they were roped and applicants have been granted bail in all cases by the competent courts. 4. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in 4 cases. He next submitted that in all the cases registered against the applicants, they have been granted bail by the competent courts. He says that the applicants are poor persons and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicants are as follows:- (i) Case Crime No.187 of 2024, under Sections 303(2), 317(2)3(5) BNS, Police Station - Mahanagar, District Lucknow. (ii) Case Crime No.682 of 2024, under Sections 318(4), 317(2), 317(4) BNS, Police Station - Kotwali Sadar, District- Lakhimpur Kheri. (iii) Case Crime No.806 of 2024, under Sections 318(4), 126(2), 317(2), 317(4) BNS, Police Station- Kotwali Sadar, District- Lakhimpur Kheri (iv) Case Crime No.839 of 2024, under Sections 317(2), 318(4), 336(3), 340(2) BNS, 3/25 of Arms Act, Police Station -Kotwali Sadar, District Kheri. 5. Learned counsel for the applicants has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. 6. Learned A.G.A. submits that he does not want to file any counter affidavit. 7. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally in the light law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the Court below is directed to execute the personal bond of Rs.20,000/- in every case and produce two sureties each in the like amount to the satisfaction of the Court/Magistrate concerned in one case which shall hold good for rest of the cases. Order Date :- 17.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench