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2025 DAILYLAW 56354 (ALL)

IRFAN ALI ALIAS PAPPU v. STATE OF U.P.

NA528/16803/2025 · 2025-05-19

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85448 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16803 of 2025 Applicant :- Irfan Ali Alias Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Girish Singh, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State. The 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 applicants in 7 cases on the basis of a personal bond and two sureties which are as follows: (i) Case Crime No. 39 of 2025, under Sections 318(2), 318(4), 317(2) of B.N.S. (Section 417, 420, 411 of I.P.C.) P.S. Kotwali, District Fatehpur. (ii) Case Crime No. 14 of 2025, under Sections 331(4), 305, 317(2) of B.N.S. (Section 457, 380, 411 of I.P.C.) P.S. Aung, District Fatehpur. (iii) Case Crime No. 62 of 2025, under Sections 305, 331(4), 317(2) and 317(4) of B.N.S. (Sections 380, 457, 411, 414 of I.P.C.) P.S. Bindiki, District Fatehpur. (iv) Case Crime No. 63 of 2025, under Sections 3/25 of Arms Act, P.S. Bindiki, District Fatehpur. (v) Case Crime No. 72 of 2024, under Sections 379, 411, 413 of I.P.C., P.S. Bindiki, District Fatehpur. (vi) Case Crime No. 36 of 2025, under Sections 331(4), 317(2), 305 of B.N.S. (Section 457, 411, 380 of I.P.C.) P.S. Thariaon, District Fatehpur. (vii) Case Crime No. 59 of 2025, under Sections 303(2), 317(2) and 317(4) of B.N.S. (Section 379, 411, 414 of I.P.C.) P.S. Bindiki, District Fatehpur. 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 (which is irrelevant). Except the confessional statement, there is no other pre-summoning evidence. Last bail order of the applicant has been passed on 29.4.2025. It is further submitted he is not able to give two sureties in each cases and the case are related to one court. It is further submitted that applicant is languishing in jail since 19.2.2025. In view of the facts and circumstances of the case, the court concerned is directed to release the applicant in the aforesaid seven cases after furnishing personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of court concerned. With the aforesaid directions, the application stands disposed of finally. Order Date :- 20.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad