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2025 DAILYLAW 67981 (ALL)

UPENDRA KHARWAR AND 2 OTHERS v. STATE OF U.P.

NA528/22199/2025 · 2025-08-12

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138412 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22199 of 2025 Applicant :- Upendra Kharwar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Jha, Sharadey Mishra,Priya Dubey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants 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 allow the instant application and direct the court below to accept two sureties and one personal bond to the satisfaction of the court concerned for nine (9) cases, in which applicants have already been granted bail otherwise the applicants shall suffer irreparable loss and injury and or pass such other order as this Hon'ble Court may deemed fit and proper under the circumstances of the case." 3. It has been submitted by learned counsel for the applicants that applicants were implicated in following nine cases simultaneously:- 1. Case Crime No. 102/2023, P.S. Dullahpur, District: Ghazipur 2. Case Crime No. 105/2023, P.S.Dullahpur, District: Ghazipur 3. Case Crime No.107/2023, P.S. Dullahpur, District: Ghazipur 4. Case Crime No.108/2023, P.S. Dullahpur, District: Ghazipur 5. Case Crime No.144/2023, P.S. Jamania, District: Ghazipur 6. Case Crime No. 153/2023, P.S. Jamania, District: Ghazipur 7. Case Crime No. 101/2023, P.S. Nandganj, District: Ghazipur 8. Case Crime No.177/2023, P.S. Saidpur, District: Ghazipur 9. Case Crime No.135 of 2023, P.S. Dullahpur, District: Ghazipur 4. It was submitted that applicants have been granted bail in all the aforesaid nine cases subject to condition of furnishing a personal bond and two sureties of like amount to the satisfaction of the court concerned. The applicants are unable to arrange separate sureties for each of the aforesaid nine cases and due to that reason they could not come out on bail. All these cases are pending in district court Ghazipur. It was further submitted that in view of these facts and circumstances, the applicants may be permitted to furnish one personal bond and two sureties in Case Crime No. 102/2023, P.S. Dullahpur, District: Ghazipur, which may hold good in all the remaining eight cases against the applicant, which have been mentioned above. 5. Having considered the facts and circumstances of the case, it is directed that applicants shall be allowed to furnish a personal bond and two sureties (by each of the applicants) to the satisfaction of the court concerned in Case Crime No. 102/2023, P.S. Dullahpur, District: Ghazipur, if they have already been granted bail, and they would submit separate personal bonds in all the remaining aforesaid eight cases and the sureties submitted in Case Crime No. 102/2023 would hold good in all the remaining eight cases against the applicants, if they have already been granted on bail in those cases. Thus, the sureties submitted in Case Crime No. 102/2023, would hold good in all the remaining aforesaid eight cases against the applicants. The photocopies of the sureties bonds submitted in Case Crime No. 102/2023 shall be submitted in remaining aforesaid eight cases. After submission of bail bonds in Case Crime No. 102/2023, the applicants would not be required to submit separate sureties bonds in other remaining eight cases, which have been mentioned above. 6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 13.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad