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2025 DAILYLAW 66104 (ALL)

RAHUL v. STATE OF U.P.

NA528/20204/2025 · 2025-08-25

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20204 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been filed seeking following relief:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Trial Court C.J.M., District Muzaffarnagar to direct to consider sureties and personal bound in one cases treating the same for all eights cases in which the accused are granted bail by the trial court as date enable to fulfill bound and sureties in separately in all cases, otherwise the applicant would suffer irreparable loss. And/ or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. It has been submitted by learned counsel for the applicant that applicant was implicated in following eight cases simultaneously:- "(i) Case Crime No.65 of 2020, under Section 395 IPC, Police Station- Bhopa, District- Muzaffarnagar. (ii) Case Crime No.319 of 2020, under Section 302 IPC, Police Station- Bhopa, District- Muzaffarnagar. (iii) Case Crime No.340 of 2020, under Section 307 IPC, Police Station- Bhopa, District- Muzaffarnagar. (iv) Case Crime No.373 of 2020, under Section 3 / 25 / 27 Arms Act, Police Station- Bhopa, District- Muzaffarnagar. (v) Case Crime No.441 of 2020, under Section 307, 414 BNS, Police Station- Bhudana, District- Muzaffarnagar. (vi) Case Crime No.442 of 2020, under Section 3 / 25 / 27 Arms Act, Police Station- Bhudana, District- Muzaffarnagar. Versus Counsel for Applicant(s) : Dipendra Kumar, Pradeep Kumar Rai Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State of U.P. .....Opposite Party(s) (vii) Case Crime No.342 of 2020, under Section 414 IPC, Police Station- Bhopa, District- Muzaffarnagar. (Viii) Case Crime No.161 of 2021, under Section 2/ 3 Gangster Act, Police Station- Bhopa, District- Muzaffarnagar. 4. It was submitted that applicant is unable to arrange separate sureties for each case due to which he could not come out on bail and thus a direction may be made to the court concerned that personal bond of two sureties submitted in one case may be held good in all remaining seven cases. 5. Learned AGA has opposed the application and submitted that some of the cases are heinous in nature and thus separate sureties have to be submitted by the applicant in each case as directed in respective bail orders. 6. I have considered rival submissions and perused the record. 7. The case of applicant is that he is facing eight criminal cases and he has been granted bail in all those cases but he is unable to arrange separate securities for each of the case and thus, the direction as referred above has been sought. Perusal of record shows that among the said eight cases, some of the cases are heinous in nature and thus it would not be desirable to pass any such direction as sought by the applicant. 8. Considering entire facts of the matter, it is directed that in Case Crime No.65 of 2020, under Section 395 IPC, Police Station- Bhopa, District- Muzaffarnagar, Case Crime No.319 of 2020, under Section 302 IPC, Police Station- Bhopa, District- Muzaffarnagar, Case Crime No.340 of 2020, under Section 307 IPC, Police Station- Bhopa, District- Muzaffarnagar, the applicant would submit personal bond and sureties as directed in respective bail orders. 9. Regarding remaining five cases, it is directed that applicant would submit personal bonds in said five cases and that the sureties submitted in Case Crime No.340 of 2020, under Section 307 IPC, Police Station- Bhopa, District- Muzaffarnagar shall hold good in remaining 5 cases i.e. NA528 No. 20204 of 2025 2 Case Crime No.373 of 2020, under Section 3 / 25 / 27 Arms Act, Police Station- Bhopa, District- Muzaffarnagar, Case Crime No.441 of 2020, under Section 307, 414 BNS, Police Station- Bhudana, District- Muzaffarnagar, Case Crime No.442 of 2020, under Section 3 / 25 / 27 Arms Act, Police Station- Bhudana, District- Muzaffarnagar, Case Crime No.342 of 2020, under Section 414 IPC, Police Station- Bhopa, District- Muzaffarnagar and Case Crime No.161 of 2021, under Section 2/ 3 Gangster Act, Police Station- Bhopa, District- Muzaffarnagar. The photocopies of the surety bonds submitted in Case Crime No.340 of 2020, under Section 307 IPC, Police Station- Bhopa, District- Muzaffarnagar be submitted in said remaining five cases. Thus, in case applicant submits personal bond and sureties in Case Crime No.340 of 2020, under Section 307 IPC, Police Station- Bhopa, District- Muzaffarnagar, he shall not be required to submit separate sureties in aforesaid remaining five cases, subject to aforesaid conditions. 10. The application under Section 528 BNSS is disposed of in above terms. August 26, 2025 'SP'/- NA528 No. 20204 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad