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Neutral Citation No. - 2025:AHC:33347 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7664 of 2025 Applicant :- Tahir Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla,Aklesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Abhishek Kumar Shukla, learned counsel for the applicant and Sri Pushp Raj Singh, learned brief holder for the State are present. 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 applicant in four cases; (i) Case Crime No. 827 of 2023, under Sections 380, 458, 427, 411 of I.P.C., P.S. Sector 39, District Gautam Budh Nagar, (ii) Case Crime No. 822 of 2023, under Sections 380, 457 of I.P.C., P.S. Sector 39, District Gautam Budh Nagar, (iii) Case Crime No. 850 of 2023, under Sections 307, 34 of I.P.C. and Sector 23/27 of Arms Act, P.S. Sector 39, District Gautam Budh Nagar (iv) Case Crime No. 426 of 2024, under Sections 2/3 of U.P. Gangsters Act, P.S. Sector 39, District Gautam Budh Nagar, on the basis of personal bond and two sureties.
Learned counsel for the applicant submits that applicant is a poor person and unable to furnish sureties in each case. It is further submitted that applicant is languishing in jail since 19.12.2023. Last bail order has been passed on 11.12.2024. It is further submitted that applicant has been implicated in all the cases after arresting in a police encounter no injury case on the basis of confessional statement (which is irrelevant). In view of above facts and circumstances, court concerned is
directed to release the applicant in the four cases, (i) Case Crime No. 827 of 2023, under Sections 380, 458, 427, 411 of I.P.C., P.S. Sector 39, District Gautam Budh Nagar, (ii) Case Crime No. 822 of 2023, under Sections 380, 457 of I.P.C., P.S. Sector 39, District Gautam Budh Nagar, (iii) Case Crime No. 850 of 2023, under Sections 307, 34 of I.P.C. and Sector 23/27 of Arms Act, P.S. Sector 39, District Gautam Budh Nagar (iv) Case Crime No. 426 of 2024, under Sections 2/3 of U.P. Gangsters Act, P.S. Sector 39, District Gautam Budh Nagar, after producing personal bond of Rs.
50,000/- and two sureties of like amount to the satisfaction of the court concerned. Application under Section 528 of B.N.S.S. is disposed of with above observations.
Order Date :- 7.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad