Salman @ Mama @ Raja Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41015 of 2025

Salman @ Mama @ Raja

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Om Prakash Yadav, Sunil Kumar Yadav
Counsel for Opposite Party(s)	: G.A.

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Court No. - 78

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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Heard learned counsel for the applicant and the learned AGA.

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This application under Section 528 of BNSS has been filed with a prayer to the learned trial Court to consider the bail bond and sureties of applicant in all the cases at Case Crime No. 169/2025 under Section 2/3 of UP, Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S- Nai Mandi, DistrictMuzaffarnagar, in which the applicant has been enlarged on bail vide order dated 26.09.2025 by this Hon'ble Court and same common surety bond be accepted in all two other cases relating to Case Crime No. 499 of 2024, under section 109/317(4) BNS and 3/25/27 Arms Act. Police Station- Nai Mandi, Muzaffarnagar, Case Crime No. 485 of 2024, under section 304/309(4)/317(2) BNS. Police Station- Nai Mandi, Muzaffarnagar, in which the applicant had already released on bail vide orders dated 09.01.2024 and 06.02.2025 respectively in the light of judgement of the Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs State of Uttar Pradesh in special leave to appeal (Criminal) No. 8917-8915/2018 decided on 29.10.2018, released the applicant on bail or pass such other and/or further order.

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It is submitted by the learned counsel for the accused applicant that the applicant has been implicated in four cases as detailed in the application itself and ultimately he got bail in all the four cases and the relevant bail orders have been appended in the affidavit wherein he has been released on bail. It is further submitted that one of the condition of the bail order was that he has to submit apart from his personal bond, two sureties separately for each of case for a specific amount. It is further submitted that since the accused applicant is not capable to submit eight sureties in respect of all the four cases and hence prayer has been made that he may be permitted to submit only two sureties in respect of one of the four cases and they shall be taken for all the

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NA528 No. 41015 of 2025

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2

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four cases wherein he has been bailed out.

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Reliance has been placed in Hani Nishad @ Mohammad Imran @ Vikky Vs State of Uttar Pradesh in special leave to appeal (Criminal) No. 89178915/2018 wherein the Hon'ble Apex Court had allowed identical prayer of the accused. In the aforesaid case before the Hon'ble Apex Court the accused persons were having criminal antecedents of 31 cases wherein they had been already bailed out and in the instant matter the applicant has got bail only in 4 cases.

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Learned A.G.A. opposed the prayer. It has been submitted that the accused applicant must be directed to produce two sureties of heavy amount.

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In view of the above, specific directions issued by the Hon'ble Apex Court in respect of Hani Nishad @ Mohammad Imran @ Vikky (supra) this Court is also inclined to follow the direction given by the Hon'ble Apex Court and it is ordered that the accused applicant to execute a personal bond for Rs.25,000/and two sureties out of who one surety shall be the family member of the accused applicant and the said two sureties will be treated as sureties in all the four cases for the accused applicant.

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The application is, accordingly, disposed of .

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October 27, 2025 Fhd

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Salman @ Mama @ Raja v. State of U.P.

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