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Neutral Citation No. - 2025:AHC:54624 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12238 of 2025 Applicant :- Pratap Khadga Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Tiwari,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Rahul Kumar Tiwari, learned counsel for the applicant and Sri Puspraj Singh, learned brief holder for the State. The present application under Section 528 of B.N.S.S. has been filed to issue a direction to release the applicant in four cases on the basis of personal bond and two sureties, which are as follows: (i) Case Crime No. 70 of 2024, under Sections 454, 381, 411 of I.P.C. P.S. Nai Mandi, District Muzaffar Nagar. (ii) Case Crime No. 259 of 2024, under Sections 307, 414, 420, 467, 471 of I.P.C. & Section 3/25/27 of Arms Act, P.S. Nai Mandi, District Muzaffar Nagar. (iii) Case Crime No. 171 of 2024, under Sections 379, 411 of I.P.C. P.S. Bhopa, District Muzaffar Nagar. (iv) Case Crime No. 61 of 2025, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Nai Mandi, District Muzaffar Nagar.
Learned counsel for the applicant submits that the applicant is a poor person. 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 other pre-summoning evidence. Last bail order of the applicant has been passed on 4.4.2025. It is further submitted that applicant is languishing in jail since 21.6.2024. It is further submitted he is not able to give two sureties in each cases and the cases are related to one court. In view of the facts and circumstances of the case, the court
concerned is directed to release the applicant in all the four cases after furnishing personal bond of Rs. 1,00,000/- and two sureties of like amount to the satisfaction of the court concerned, in the aforesaid four cases. With the aforesaid directions, the application stands disposed of finally.
Order Date :- 15.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad