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2025 DAILYLAW 45904 (ALL)

ABHAY ALIAS TIPLEN v. STATE OF U.P.

NA528/13763/2025 · 2025-04-29

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68135 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13763 of 2025 Applicant :- Abhay Alias Tiplen Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Mashaluddin Shah, learned counsel for the applicant and learned AGA for the State and perused the materials available on record. The present application u/s 528 BNSS has been filed with a prayer to issue a direction to the trial court to release the applicant in seven cases after submitting personal bond and two sureties, which are as under :- (i) Case Crime No. 554 of 2023, under Sections 392, 411 of IPC, Police Station Tajganj, District Agra. (ii) Case Crime No.271 of 2023, under Section 392 of IPC, Police Station Etmaddaula, District Agra. (iii) Case Crime No. 319 of 2023, under Section 392 of IPC, Police Station Etmaddaula, District Agra. (iv) Case Crime No. 328 of 2023, under Section 392 of IPC, Police Station Jagdishpura, District Agra. (v) Case Crime No. 338 of 2023, under Section 392 of IPC, Police Station Jagdishpura, District Agra. (vi) Case Crime No. 339 of 2023, under Section 392 of IPC, Police Station Jagdishpura, District Agra. (vii) Case Crime No. 473 of 2023, under Section 392 of IPC, Police Station Tajganj, District Agra. Learned counsel for the applicant submitted that last bail order in favour of the applicant is passed on 4.3.2025. It is further submitted that the applicant is a poor person and he has no means to submit sureties as ordered in bail orders. Applicant has been roped up in seven cases in a row on the basis of confessional statement (which is irrelevant). It is further submitted that all the cases are same in nature. It is further submitted that all seven cases are related to Police Station Tajganj, Etmaddaula, Jagdishpura, District Agra. It is further submitted that applicant has been granted bail in all seven cases. The applicant is languishing in Jail since 7.3.2024. In view of the above facts and circumstances, the concerned Magistrate is directed to release the applicant in all seven cases related to Police Station Tajganj, Etmaddaula, Jagdishpura, District Agra on the basis of personal bond of Rs.1,00,000/- and two sureties of like amount to the satisfaction of court concerned. The instant application u/s 528 of BNSS stands disposed of. Order Date :- 30.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad