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2025 DAILYLAW 174041 (ALL)

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

NA528/1796/2025 · 2025-11-14

Tej Pratap Tiwari

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1796 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicant and learned AGA for the State and perused the record. 2. By means of the instant application, the applicant has prayed that this Court be pleased to direct the learned Court below not to insist the petitioner to file surety bond in each and every three cases and accept only two sureties in lieu of all the three cases. 3. The learned counsel appearing for the applicant submits that it has become impossible for the applicant to submit surety in each of case in which he has been granted bail. He added that the applicant has been granted bail in all cases arising out of following Case Crime Numbers :- 1) Case Crime No. 275 of 2025, under Sections 317(2), 317 (4) BNS PS Neemgaon, District Lakhimpur Kheri. 2) Case Crime No. 253 of 2025, under Sections 304 (2), 317 (2) BNS PS Neemgaon District Lakhimpur Kheri. 3) Case Crime No. 414 of 2025, under Sections 126 (2), 309 (4), 317 (2), 317 (4) BNS, PS Gola, District Lakhimpur Kheri. 4. He next added that despite the Trial Court granted the bail, the applicant is still in jail and the applicant being poor person is unable to produce the sureties in each cases. It is further submitted by the 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 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 with a direction to the applicant to furnish a personal bond of Rs.1,00,000/- and two sureties of the like amount in one case, which shall be treated to be valid in all other Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Naved Khan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) cases wherein the bail orders have been passed. November 14, 2025 mks NA528 No. 1796 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench