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2025 DAILYLAW 65416 (ALL)

RAZE ALAM v. STATE OF U.P.

NA528/19852/2025 · 2025-05-29

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:94131 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 19852 of 2025 Applicant :- Raze Alam Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mukesh Kumar Pandey, learned counsel for the applicant and Ms. Saumyan 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 applicants in ten cases on the basis of a personal bond and two sureties which are as follows: (i) Case Crime No. 68 of 2024, under Sections 380, 497, 411 of I.P.C. P.S. Kudarkot, District Auraiya. (ii) Case Crime No. 472 of 2023, under Sections 380, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (iii) Case Crime No. 473 of 2023, under Sections 380, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (iv) Case Crime No. 392 of 2023, under Sections 380, 357, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (v) Case Crime No. 393 of 2023, under Sections 380, 357, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (vi) Case Crime No. 559 of 2023, under Sections 3/25 of Arms Act, P.S. Ajeetmal, District Auraiya. (vii) Case Crime No. 401 of 2023, under Sections 380, 457, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (viii) Case Crime No. 555 of 2023, under Sections 380, 411 of I.P.C. P.S. Ajeetmal, District Auraiya. (ix) Case Crime No. 539 of 2023, under Sections 380, 457, 411 of I.P.C. P.S. Dibiyapur, District Auraiya. (x) Case Crime No. 59 of 2024, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Ajeetmal, District Auraiya. 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 19.12.2024. 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 26.9.2023. In view of the facts and circumstances of the case, the court concerned is directed to release the applicant in the aforesaid ten 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