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2025 DAILYLAW 58743 (ALL)

SHANI v. STATE OF U.P.

NA528/18652/2025 · 2025-05-29

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:94129 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18652 of 2025 Applicant :- Shani Opposite Party :- State of U.P. Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Jai Raj, learned counsel for the applicant and Ms. Saumya Madhyan learned brief holder 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 applicant in eleven cases on the basis of a personal bond and two sureties which are as follows: (i) Case Crime No. 161 of 2024, under Sections 305(A) of B.N.S. (Section 380 of I.P.C.), P.S. Kagraul, District Agra. (ii) Case Crime No. 162 of 2024, under Sections 305(A), 331(4) of B.N.S. (Section 380, 457 of I.P.C.), P.S. Kagraul, District Agra. (iii) Case Crime No. 164 of 2024, under Sections 305(A) of B.N.S. (Section 380 of I.P.C.), P.S. Kagraul, District Agra. (iv) Case Crime No. 178 of 2024, under Sections 305(A) of B.N.S. (Section 380 of I.P.C.), P.S. Kagraul, District Agra. (v) Case Crime No. 471 of 2024, under Sections 305, 324(4), 331(4) of B.N.S. (Section 380, 425, 457 of I.P.C.), P.S. Malpura, District Agra. (vi) Case Crime No. 843 of 2024, under Sections 305(A), 331(4), 317(2) of B.N.S. (Section 380, 457, 410 of I.P.C.), P.S. Malpura, District Agra. (vii) Case Crime No. 859 of 2024, under Sections 305(A), 317(2) of B.N.S. (Section 380, 410 of I.P.C.), P.S. Sikandra, District Agra. (viii) Case Crime No. 83 of 2025, under Sections 305(A), 331(4), 317(2) of B.N.S. (Section 380, 457, 410 of I.P.C.), P.S. Sikandra, District Agra. (ix) Case Crime No. 89 of 2025, under Sections 331(4), 317(2), 305(A) of B.N.S. (Sections 457, 410, 380 of I.P.C.), P.S. Sikandra, District Agra. (x) Case Crime No. 38 of 2025, under Sections 305(A) of B.N.S. (Section 380 of I.P.C.), P.S. Kirawali, District Agra. (xi) Case Crime No. 75 of 2025, under Sections 331(4), 305(A), 324(4), 317(2), 112(2) of B.N.S. (Section 457, 380, 425, 410, 398 of I.P.C.), P.S. Jagdishpura, District Agra. Learned counsel for the applicant submits that the applicant is a poor person. It is further submitted that all the cases are related to false implication 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 25.4.2025. It is further submitted he is not able to give two sureties in each cases and the case are related to one court. In view of the facts and circumstances of the case, the court concerned is directed to release the applicant in the aforesaid eleven 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 :- 30.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad