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Neutral Citation No. - 2025:AHC:33236 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5494 of 2025 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Bhawesh Pratap Singh,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Bhawesh Pratap Singh, learned counsel for the applicant as well as Sri Moti Lal for the State/opposite party no.1.
2. This application under Section 528 of the B.N.S.S. has been filed to direct the learned Trial Court to accept sureties which is being submitted by the applicant in Case Crime No. 210 of 2024, u/s 317(2), 317(5) B.N.S., Police Station Khekada, District Baghpat, in which applicant was granted bail vide order dated 04.09.2024 passed by Session Judge Baghpat and same surety bond be accepted in all three other cases relating to Case Crime No. 174/2024, under section 379, 411, 420, 465, I.P.C., Case Crime No. 207/2024 under section 303(2), 317(2), B.N.S. and Case Crime No. 205/2024 under section 303(2), 317(2), 318(4), 336(2) B.N.S. all relating to police station Khekada Baghpat.
3. Learned counsel for the applicant has submitted that with relation to in Case Crime No. 210 of 2024, u/ 317(2), 317(5) B.N.S., Case Crime No. 174/2024, under sections 379, 411, 420, 465, I.P.C., Case Crime No. 207/2024 under section 303(2), 317(2), B.N.S. and Case Crime No. 205/2024 under section 303(2), 317(2), 318(4), 336(2) B.N.S. all relating to police station Khekada Baghpat, the applicant has been enlarged on bail on 4.9.2024 by the court below. According to him, the applicant is a poor person and he is not in a position to furnish separate bonds were before bail orders and according to him a single bond be
directed to be held to be suffice for the purposes of enlargement on bail. He seeks to rely upon the judgement in the case of Hani Nishad @ Mohammad Imaran @ Vikky vs. State of U.P.: S.L.P. (Crl.) No.8914-8915/2018 decided on 29.10.2018.
4. Learned AGA on the hand submits that he does not dispute the said fact.
5. Considering the submissions so made across the bar, the application stands disposed of. The present applicant is permitted to submit one bail bond of an amount of Rs.50,000/- and two sureties which provided in the bail order dated 4.9.2024 in Case Crime No.210 of 2024, u/s 317(2), 317(5) B.N.S. in Bail Application No.2148 of 2024. The execution of such bail bond shall be helpful for the purposes of releasing the applicant in remaining case as mentioned herein above.
6. In view of above, the present application under section 528 of the B.N.S.S. stands disposed of.
Order Date :- 7.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad