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Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 33928 of 2024 Applicant :- Shyam Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant is aggrieved with the notice dated 7.9.2024 sent by the Additional City Magistrate - I, Moradabad under Section 130 of BNSS to show cause as to why he should not be directed to execute a personal bail bond amounting to Rs.50,000/- and two sureties of equal amount in order to observe peace and tranquillity in the area.
3. Having considered the rival submissions advanced by learned counsel for the applicant as well as learned AGA and perusal of record, it evince that notice dated 7.9.2024 under Section 130 of BNSS has been issued on the basis of a police report and the present applicant has still an opportunity to contest before the learned City Magistrate (Executive Magistrate) to defend his case. He can file a detailed objection alongwith the relevant documents to prove his innocence and the bonafide conduct that there is no chance at his part to commit a breach of peace or disturb public tranquility.
4. In this conspectus as above, I am of the considered view that the present applicant can file an appropriate objection/reply to the notice dated 7.9.2024 under Section 130 BNSS alongwith relevant documents to put his defence against the police report which has been made basis for show cause notice. In case such objection/reply is filed within a period of 15 days from today, it shall be considered and decided in accordance with law, expeditiously, preferably within a period of three months thereafter. It is expected that a reasoned order shall be passed after providing an opportunity of hearing to the parties concerned, without granting unnecessary adjournments to either of the parties
5. Till the final decision taken on the aforesaid objection/reply, no coercive action shall be taken against the present applicant.
6. With the aforesaid direction, present application is disposed of. Order Date :- 24.1.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad