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2025 DAILYLAW 31187 (ALL)

PANKAJ PASWAN v. STATE OF U.P.

NA528/9141/2025 · 2025-03-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42161 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9141 of 2025 Applicant :- Pankaj Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Anuj Prajapati Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Perused the record. 3. Learned counsel for applicant submitted that this application under Section 528 BNSS has been filed for a direction to court below to accept a personal bond and only two sureties submitted on behalf of applicant in one case crime number as sureties in all the eleven cases in which applicant has been enlarged on bail. Details of the aforesaid eleven cases has been mentioned in para 3 of the affidavit to the instant application and bail orders of all the eleven cases in which the applicant has been enlarged on bail are collectively annexed as Annexure No.1 to the affidavit filed in support of application under section 528 BNSS. 4. Learned counsel for applicant contends that the concerned court below is pressing for two individual sureties in all eleven cases which is practically impossible. In the facts and circumstances of the case, it is thus urged that applicant be directed to furnish a common personal bond and common surety bonds of like amount in all the cases. He therefore contends that appropriate direction, in the light of above, be issued in exercise of jurisdiction under 528 BNSS so that applicant who has been granted bail in all the eleven cases pending against him is ultimately bailed out. 5. Reference has also been made to the orders passed by Hon'ble Supreme Court dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. He has also referred to orders passed by co-ordinate Bench of this Court dated 20.05.2022 in Application u/s 482 no. 6153 of 2022. 6. On the aforesaid factual and legal premise, it is urged that present application be allowed and two sureties furnished by applicant in one case crime number be accepted as sureties in all the cases. 7. Per contra, learned A.G.A. has opposed this application, but could not dispute the orders relied upon by learned counsel for applicant. 8. In view of above, present application succeeds and is hereby allowed. 9. It is accordingly, provided that applicant shall be allowed to execute one personal bond and two sureties to the satisfaction of court concerned which shall hold in all eleven cases pending against him. Order Date :- 21.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad