Neutral Citation No. - 2025:AHC:5815 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 40265 of 2024 Applicant :- Hamanshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant and the learned A.G.A. 2. The applicant has assailed the notice dated 04.11.2024 under Section 129(g)/130 Bhartiya Nagrik Suraksha Sanhita (in brevity 'B.N.S.S.') whereby he has been directed to show cause as to why he should not be directed to deposit a bail bond amounting Rs.2 lakhs and two sureties of equal amount. 3. Learned counsel for the applicant submits that the Executive Magistrate has illegally issued notice under Section 130 B.N.S.S. without properly examining the matter and citing cogent reasons as to whether the present applicant comes under the category of 129(g) B.N.S.S. It is next submitted that the police has submitted report dated 25.10.2024 under Section 129 B.N.S.S on a printed proforma without citing any incident which has been made basis for issuing notice under Section 130 B.N.S.S. 4. Having considered the rival submissions advanced by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it is manifested that police has submitted Report No. 88 of 2024 dated 25.10.2024 under Section 129 B.N.S.S. to the effect that the present applicant is a dangerous person and setting him free without security hazardous to the community. It is evident that no incident has been cited by the police on which basis it came to the conclusion that the present applicant is a dangerous person and render his being at large without security would be hazardous to the community. Said report submitted by the police on printed proforma has been taken into account by the Executive Magistrate for the purposes of issuing notice under Section 129(g)/130 B.N.S.S. to show cause as to why applicant should not be directed to furnish bail bond amounting Rs.2 lakhs and two sureties of equal amount. 5. The phrase "desperate and dangerous" as employed under Section 129(g) B.N.S.S., cannot be taken to a lighter side to call upon any person to show cause as to why he should not be directed to submit a bail bond and two sureties in order to maintain peace and tranquility in the community. At this juncture, it would not be befitting to accord any finding in this regard inasmuch as matter is still pending before the Executive Magistrate and the present applicant can contest his case by filing a detailed objection defending himself from the alleged notice considering him "desperate and dangerous" under Section 129(g) B.N.S.S. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, same is being decided finally, without entering into the merits of the case, with a direction that the present applicant shall file a detailed objection, supported by affidavit, before the Executive Magistrate, Sikandra, Kanpur Dehat, within a period of two weeks from today who, in turn, shall consider and decide the said objection after according due opportunity of hearing to the present applicant, in accordance with law, preferably within a period of two months from the date of production of certified copy of this order. 7. Till the final disposal of the said application/objection, no coercive action shall be taken against the present applicant in Case No.136 of 2024 under Section 129 (g)/130 B.N.S.S. (State vs. Bablu Gupta), Police Station Sikandra, District Kanpur Dehat. 8. With the aforesaid observation/direction, instant application stands disposed of. Order Date :- 10.1.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad