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Neutral Citation No. - 2025:AHC:25982 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4494 of 2025 Applicant :- Razeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Rashid Ali Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 528 of the BNSS with a prayer to direct the learned trial court to furnish and execute common surety with respect to eleven cases. 3.
Learned counsel for the applicant has invited the attention of the Court towards paragraph 19 of the application so as to contend that in (i) Case Crime No. 542 of 2024, Under Sections 303 (2), 317 (2), 317(5), 3(5) of the B.N.S.,Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 19.12.2024, (ii) Case Crime No. 463 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 19.12.2024, (iii) Case Crime No. 476 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 19.12.2024, (iv) Case Crime No. 536 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 7.1.2025, (v) Case Crime No. 420 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, Applicant has been granted bail by the learned Trial Court on 19.12.2024,(vi) Case Crime No. 457 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, Applicant has been granted bail by the learned Trial Court on 19.12.2024, (vii) Case Crime No. 481 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 19.12.2024,(viii) Case Crime No. 511 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 19.12.2024, (ix) Case Crime No. 535 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, Applicant has been granted bail by the learned Trial Court on 19.12.2024, (x) Case Crime No. 387 of 2024, Under Sections 303 (2), 317 (2) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on
18.12.2024, (xi) Case Crime No. 418 of 2024, Under Sections 303 (2), 317 (2), 3(5) of the B.N.S., Police Station- Tronica City, District-Ghaziabad and in that case, applicant has been granted bail by the learned Trial Court on 21.1.2025. 4. Learned counsel for the applicant has further invited the attention of the Court towards the judgement of the Hon'ble Supreme Court in the case of Girish Ganhdi vs. State of Uttar Pradesh 2024 0 (SC) 678, Hani Nishad @ Mohammad Imran @ Vikky vs. State of Uttar Pradesh SLP (Criminal) Nos.8914 of 2018 decided on 29.10.2018 order of the coordinate Bench in Application U/S 528 BNSS No.44533 of 2024, Sammad vs. State of U.P. decided on 3.1.2025 and Application U/S 482 No.2535 of
2023, Miraz Alam @ Veena vs. State of U.P. decided on 28.3.2023 buttressed his submission. He further invited the attention of the Court towards para 11 so as to contend that an amount of Rs.73,70,000/- would be required to be a sum of surety for enlargement on bail which the applicant does not possess any money as no capacity to make said payment. He further submits that the applicant is languishing in jail since 26.10.2024. 5. Learned AGA on the other hand submits that as per the averments contained in para 19 of the application and annexure-2 appended thereto the applicant has been enlarged on bail. 6. Having heard the learned counsel for the parties and respectfully following the judgment of the Hon'ble Supreme Court, as followed by this Court, the application stands disposed of requiring the court below permitting the applicant to furnish and execute personal bond of Rs.1,00,000/- and two sureties of the like amount to the satisfaction of the court below which shall hold good in all the above noted cases in the light of the law laid down by the Supreme Court. 7.
In view of above, the present application under section 528 of the BNSS stands disposed of. Order Date :- 24.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad