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Neutral Citation No. - 2025:AHC:101678 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15763 of 2025 Applicant :- Basowa Colins Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash/set aside the order dated 25.03.2025, passed by Additional Chief Judicial Magistrate, Court no. 1, Varanasi in Case no. 1344 of 2024 (State vs. Usha Ravani and others), arising out of Case Crime no. 25 of 2022, under sections 147, 420, 411, 465, 468, 471, 120B IPC and Section 66, 66C and 66D I.T. Act, PS- Cyber Crime, District Varanasi. Further prayer has been made to direct the Additional Chief Judicial Magistrate, Court no. 1, Varanasi to permit the applicant to deposit Rs. 2 lakh as surety and also permit the applicant to surrender his passport before learned trial court thereafter release the applicant on bail during pendency of trial.
3. Learned counsel for applicant submitted that applicant has already been granted bail vide order dated 20.05.2024 passed by this Court in Crl. Misc. Bail Application no. 15966 of 2024 (Basowa Colins vs. State of U.P.). Applicant is permanent resident of Nigeria and has no relative living in India. Applicant tried his level best to get two local sureties but no one is ready to give surety before learned trial court. Learned trial court also rejected vide impugned order dated 25.03.2025, the application of applicant seeking prayer to release on deposition of Rs. 2 lakh as surety and surrender of passport. Hence this application has been preferred seeking aforesaid prayer.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
5. After hearing rival submissions extended by learned counsels for the parties and perusing the records, let the applicant be released on bail in pursuance to order dated 20.05.2024 passed by this Court in Crl. Misc. Bail Application no. 15966 of 2024 on
furnishing personal bond to the satisfaction of court concerned and subject to surrender of his passport before learned trial court before release. Rest of terms and condition shall remain intact as per order dated 20.05.2024.
6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad