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2025 DAILYLAW 17853 (ALL)

RAJ GAUR v. STATE OF U.P.

NA528/6208/2025 · 2025-04-21

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61335 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 6208 of 2025 Applicant :- Raj Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sanjay Srivastava, learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 528 of B.N.S.S. has been filed with a prayer to issue a direction to court concerned to release the applicants in nine cases on the basis of a personal bond and two sureties which are as follows: (i) Case Crime No. 76 of 2023, under Sections 413, 414, 420, 467, 468, 471 of I.P.C. P.S. Jajmau, District Kanpur Nagar. (ii) Case Crime No. 334 of 2023, under Sections 379, 411 of I.P.C. P.S. Barra, District Kanpur Nagar. (iii) Case Crime No. 75 of 2023, under Sections 379, 411, 413, 414, 420, 467, 468, 471 of I.P.C. P.S. Jajmau, District Kanpur Nagar.. (iv) Case Crime No. 81 of 2023, under Sections 379, 411, 413, 414, 420 of I.P.C. P.S. Anwarganj, District Kanpur Nagar. (v) Case Crime No. 79 of 2023, under Sections 379, 411 of I.P.C. P.S. Colenelganj, District Kanpur Nagar.. (vi) Case Crime No. 147 of 2023, under Sections 379, 411 of I.P.C. P.S. Nawabganj, District Kanpur Nagar. (vii) Case Crime No. 132 of 2023, under Sections 379, 411, 420 of I.P.C., P.S. Swaroop Nagar, District Kanpur Nagar. (viii) Case Crime No. 70 of 2023, under Sections 379, 411, 413, 414 of I.P.C., P.S. Anwarganj, District Kanpur Nagar. (ix) Case Crime No. 166 of 2023, under Sections 8/20 of N.D.P.S. Act and Section 411, 413, 414, 482 of I.P.C. and Section 9/26 of Arms Act, P.S. Nawabganj, District Kanpur Nagar. Learned counsel for the applicant submits that the applicant is a poor person. It is further submitted that applicant has been implicated in one case and other eight case has been imposed against him on the basis of confessional statement. Except the confessional statement (which is irrelevant) there is no other pre- summoning evidence. Last bail order of the applicant has been passed on 12.9.2024. It is further submitted that applicant is languishing in jail since 11.9.2023. It is further submitted he is not able to give two sureties in each cases and the case are related to one court. In view of the facts and circumstances of the case, the court concerned is directed to release the applicant in the aforesaid nine cases after furnishing personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of court concerned. With the aforesaid directions, the application stands disposed of finally. Order Date :- 22.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad