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2025 DAILYLAW 24594 (ALL)

SAFAT ALIAS MOTA v. STATE OF U.P.

NA528/6922/2025 · 2025-03-03

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30245 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6922 of 2025 Applicant :- Safat Alias Mota Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Avinash Pandey, learned counsel for the applicant and Shri Madhvendra Pratap Singh, learned A.G.A. for the State. The present 528 BNSS application has been filed with a prayer to issue a direction to the court below to release the applicant in total two cases on the basis of personal bond and two sureties being Case Crime No. 904 of 2016, under Sections 395, 398 IPC, P.S. Nai Mandi, District Muzaffar Nagar and Case Crime No. 1211 of 2016, under Sections 395, 412 IPC, P.S. Jansath, District Muzaffar Nagar. Learned counsel for the applicant submits that the applicant is languishing in jail since 28.08.2016 in spite of bail orders passed and last bail order has been passed on 08.01.2025. It is further submitted that one case is related to Section 302 IPC, in which the applicant has been granted bail by a co-ordinate Bench of this Court. It is further submitted that in the above noted cases the applicant has been implicated on the basis of confessional statement, which is irrelevant. It is further submitted that the applicant is a poor person and social status of the applicant is not good and due to this reason he has failed to arrange the sureties in each case. It is further submitted that in above two cases applicant has been granted bail and in most of the cases he has been implicated on the basis of his confessional statement. In view of above facts and circumstances, the court concerned is/are directed to release the applicant in aforesaid total two cases on the basis of personal bond of Rs. 50,000/- and two sureties of like amount to the satisfaction of the court concerned. With the above observations this application is disposed of. Order Date :- 4.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad