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2025 DAILYLAW 172839 (ALL)

KAMAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NA528/2022/2025 · 2025-12-03

Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2022 of 2025 Court No. - 23 HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. The instant application under Section 482 Cr.P.C./Section 528 BNSS has been filed by the applicant to direct the learned court below to take one personal bond and only two sureties from the petitioner in all 8 cases, in which the petitioner has been granted bail by the learned courts below, which this Hon'ble Court may kindly be pleased to fix in the interest of justice. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in 8 cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the competent courts. He says that the applicant is a very poor person 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 the applicant are as follows:- (i) Case Crime 642/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Kotwali Sadar, Kheri. (ii) Case Crime No. 595/2025 under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Kotwali Sadar, Kheri. (iii) Case Crime No. 517/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Kamal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 411 IPC, Police Station Kotwali Sadar, Kheri. (iv) Case Crime No. 165/2025, under Sections 305(A), 317(2) BNS /380, 411 IPC, Police Station Kotwali Sadar, Kheri. (v) Case Crime No. 277/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Phoolbehad, Kheri. (vi) Case Crime No. 314/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Phoolbehad, Kheri. (vii) Case Crime No. 488/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Phoolbehad, Kheri. (viii) Case Crime No. 332/2025, under Sections 305(A), 331(4), 317(2) BNS /380, 457, 411 IPC, Police Station Bhira, Kheri. 4. Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Praesh [SLP (Crl.) No.8914-8915/2018]. 5. Learned A.G.A. submits that he does not want to file any counter affidavit. 6. 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 of law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and the applicant shall furnish a personal bond of Rs. 20,000/- in each case and produce two sureties each in the like amount to the satisfaction of the court concerned in any one case which shall hold good for rest of the cases. December 3, 2025 Muk NA528 No. 2022 of 2025 2 (Rajeev Bharti,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench