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2025 DAILYLAW 186094 (ALL)

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

A482/9622/2025 · 2025-11-15

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9622 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record. 2. This application has been filed by the applicant with a prayer to issue a direction to the learned Trial Court, District Gonda, to accept the one surety and a personal bond to the satisfaction of the Court concerned in each case. 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 ten cases arising out of following Case Crime Numbers :- i. Case Crime No. 94 of 2022, registered under Sections 4/25 Arms Act Police Station Chhapiya, District Gonda. In the said case, the applicant has been released on bail by the lower court. ii. Case Crime No. 164 of 2022, registered under Sections 3/25 Arms Act police Station Chhapiya, District Gonda. In the said case, the applicant has been released on bail by the lower court. iii. Case Crime No. 132 of 20218, registered under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 N.D.P.S Act police Station Chhapiya, District Gonda. In the said case, the applicant has been granted bail. A copy of the Order dated-29.05.2018 is being annexed herewith as Annexure No. 2 to this affidavit. iv. Case Crime No. 228/2025, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, registered at Police Station Chhapiya, District Gonda, in which the applicant was falsely implicated. He was released on bail by this Hon'ble Court vide order dated 20.08.2025. A copy of the order dated 20.08.2025 is annexed herewith as Annexure No. 3 to this petition. Versus Counsel for Applicant(s) : Vinay Kumar Tiwari Counsel for Opposite Party(s) : G.A. Saleem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) v. Case Crime No. 98/2025, under Sections 3, 5, and 8 of the U.P. Prevention of Cow Slaughter Act, in which the applicant was also falsely implicated. He was released on bail by the learned District & Sessions Judge, Gonda vide order dated 19.06.2024. A copy of the order dated 19.06.2024 is annexed herewith as Annexure No. 4 to this petition. 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 cases wherein the bail orders have been passed. November 15, 2025 Manoj A482 No. 9622 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench