Lukman @ Lukka vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 406 of 2026

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Lukman @ Lukka

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.....Applicant(s)

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Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Rakesh Kumar Srivastava Counsel for Opposite Party(s) : G.A.

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Court No. - 77

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Sri Rakesh Kumar Srivastava, learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It, is therefore most respectfully prayed that learned Trial Court may graciously be pleased to allow the present application under section 528 of B.N.S.S. and direct the learned Trial Court to accept a personal bond and one surety in one case being Case Crime No. 274 of 2025 under Section 310(2), 6 1(2)(A) , 317(3) B.N.S., P.S. Sector-Kotwali Shamli, District Shamli, therein the applicant was released on bail by this Hon'ble Court vide order dated 21.11.2025 and further be pleased to consider the surety and personal bond in crone case treating the same for all the four cases, i.e. 1. Case Crime No. 369 of 2025 under Section 109(1), 317(5) B.N.S. and Section 3/25/27 Arms Act, P.S. Kotwali Shamli, District Shamli, therein the applicant was released on bail by learned Trial Court vide order dated 03.10.2025 and 2. Case Crime No. 64 of 2025 under Section 303(2), 317(2) B.N.S., P.S. Sector-Kotwali Shamli, District Babri, therein the applicant was released on bail by learned Trial Court vide order dated 29.08.2025 and 3. Case Crime No. 309 of 2025 under Section 303(2), 317(2) B.N.S., P.S. Sector-Kotwali Shamli, District Shamli, therein the applicant was released on bail by learned Trial Court vide

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NA528 No. 406 of 2026

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2

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order dated 18.09.2025 and 4. Case Crime No. 333 of 2025 under Section 303(2), 317(2) B.N.S., P.S. Sector-Kotwali Shamli, District Shamli, therein the applicant was released on bail by learned Trial Court vide order dated 18.09.2025 respectively, otherwise the applicant shall suffer irreparable loss and injury. And/or pass any other and/or further order as learned Trial Court may deem fit and proper under the circumstances of the present case."

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Sri Srivastava, learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with a prayer that direction be issued to the concerned trial court for releasing the applicant on bail upon furnishing single surety for all the cases in which he has been granted bail.

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On perusal of one of the bail order dated 21.11.2025 passed by a Coordinate Bench in Criminal Misc. Bail Application No.41064 of 2025 (Lukman @ Lukka vs. State of U.P.) (page 24 of the paper book) , it reflects that the Court has given direction for release of the applicant on his furnishing personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with certain conditions mentioned therein. Therefore, any direction by this Court in this application will amount to modification of order dated 21.11.2025 passed by a Co-ordinate Bench, which is not permissible in law. Order dated 21.11.2025 can only be modified by the same Court.

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In view of the aforesaid facts, this matter is released from this Court.

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Let this application be put up as fresh before appropriate Court, after obtaining nomination order from Hon'ble The Chief Justice.

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(Praveen Kumar Giri,J.)

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January 28, 2026 Manish Himwan

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Lukman @ Lukka v. State of U.P.

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Lukman @ Lukka v. State of U.P.

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