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2025 DAILYLAW 104532 (ALL)

SANNAM YADAV v. State of U.P. AND ANOTHER

NA528/35662/2024 · 2025-01-14

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6810 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 35662 of 2024 Applicant :- Sannam Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Shailendra Yadav, learned counsel for the applicant and Sri Chandan Agarwal, learned counsel for the State are present and have been heard. 3. The present application under Section 528 B.N.S.S. has been filed by the applicant Sannam Yadav with the prayer to quash notice dated 16.08.2024 under Section 130 B.N.S.S., Police Station Baksa, District Jaunpur, pending in the Court of Sub Divisional Magistrate Sadar, Jaunpur in Case No. 23/2/2024, under Sections 170, 126, 135 B.N.S.S. 4. Only argument of learned counsel for the applicant is that the notice under Section 130 of B.N.S.S. dated 16.08.2024 calls upon the applicant to file his personal bond of Rs. 1 lakh and a reliable surety of the said amount, which is too excessive. He suffice to his argument only to the effect that the amount of bond and sureties as ordered to be filed and executed is too excessive, which may be reduced to a reasonable amount. 5. Learned counsel for the applicant submits that the applicant is a farmer and directing for filing of personal bond of Rs.1 lakh and a surety of like amount is beyond his means and is also too excessive which may be reduced. 6. Learned counsel for the State has also been heard. 7. After having heard the learned counsel for the parties and perusing the records and also the limited argument of learned counsel for the applicant, it is provided that personal bond of Rs. 1 lakh and further a reliable sureties of the like amount as ordered by order dated 16.08.2024 of the S.D.M., Jaunpur, in the facts and circumstances of the case is hereby directed to be reduced to Rs.30,000/-. 8. The present application stands disposed of. The applicant is directed to appear before the court concerned within a period of 10 days from today for compliance of the said notice and do the needful failing which, he shall not be entitled to the benefit of this order. (Samit Gopal,J.) Order Date :- 15.1.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad