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2025 DAILYLAW 31778 (ALL)

RAHUL v. STATE OF U.P.

NA528/9186/2025 · 2025-03-20

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42019 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9186 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Surendra Kumar Tripathi, learned counsel for the applicant and Sri Vijay Kumar Mishra, 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 five cases on the basis of personal bond and two sureties which are as follows; (i) Case Crime No. 245 of 2024, under Sections 191(@), 191(3), 190, 109(1), 351(3) of B.N.S., P.S. Shamshabad, District Agra, (ii) Case Crime No. 406 of 2019, under Sections 392 of I.P.C., P.S. Dauki, District Agra, (iii) Case Crime No. 231 of 2019, under Section 399, 402 of I.P.C., P.S. Shamshabad, District Agra and (iv) Case Crime No. 237 of 2019, under Sections 15 of D.A.A. Act, P.S. Shamshabad and (v) Case Crime No. 219 of 2019, under Sections 392, 411 of I.P.C., P.S. Shamshabad, District Agra, on the basis of personal bond and two sureties. Learned counsel for the applicant submits that applicant is a poor person and he is languishing in jail since 24.12.2024. Last bail order has been passed on 13.02.2025. It is further submitted that applicant has been implicated in all the cases on the basis of confessional statement. Except the confessional statement (which is irrelevant), there is no pre-summoning evidence against the applicant. It is further submitted that applicant is not able to furnish five sureties in five cases. In view of above facts and circumstances, court concerned is directed to release the applicant in pursuance of the bail orders as annexed in aforesaid five cases after producing personal bond of Rs. 1,00,000/- 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 :- 21.3.2025/A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad