Samsuddin Alias Abdul v. State of U.P. Thru. the Prin. Secy. Home Lko

Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 122 of 2024 Applicant :- Samsuddin Alias Abdul Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Arshad Siddiqui,Akshay Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Ms. Shafaq Fatima learned Advocate, holding brief of Sri Arshad Siddiqui, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application has been filed by the applicant to permit him to submit two sureties and one personal bond for all two cases from the applicant and applicant has been granted bail in all cases by the court below. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all two cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. He says that the applicant is 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 applicant in District Barabanki are as follows:- I. Case crime no. 631/2024, under section-317(2),317(4), 318(4),338,336(3),340(2) B.N.S. at police station-Ramnagar, II. Case crime no. 628/2024, under section-303(2),317(2), 317(4) B.N.S. at police station-Ramnagar, Learned counsel for the applicant 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. Learned A.G.A. submits that he does not want to file any counter affidavit. 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 :- 18.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench