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Neutral Citation No. - 2025:AHC:110485 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24076 of 2025 Applicant :- Shahanwas Alias Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Awanish Verma,Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred 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 this application and direct the Court below to accept one personal bond and two sureties in all five cases in Case Crime No. 305 of 2024, under sections - 304(1), 317(2) Β.Ν.S., Police station - G.R.P., Kanpur Nagar, Case Crime No. 268 of 2024 under section - 305(C), 317(2) B.N.S. of Police station - G.R.P. Kanpur Nagar, Case Crime No. 269 of 2024, under section - 379, 411 I.P.C. of Police station - G.R.P., Kanpur Nagar, Case Crime No. 302 of 2024, under section - 305, 317(2) B.N.S., Police station - G.R.P., Kanpur Nagar, Case Crime No. 94 of 2025, under section - 304 (2), 317 (2) B.N.S., Police station - G.R.P., Kanpur Nagar without requiring from the applicant to provide two sureties in each cases in the interest of justice, otherwise the applicant shall suffer irreparable loss and injury and or be pleased to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. It has been argued by learned counsel for the applicant that applicant was implicated in following five cases simultaneously :-
"(i) Case Crime No.305 of 2024, under sections - 304(1), 317(2) Β.Ν.S., Police Station - G.R.P. Kanpur Nagar. (ii) Case Crime No.268 of 2024, under sections - 305(C), 317(2) B.N.S., Police Station - G.R.P. Kanpur Nagar. (iii) Case crime No.269 of 2024, under sections - 379, 411 I.P.C., Police Station - G.R.P., Kanpur Nagar (iv) Case crime No.302 of 2024, under sections - 305, 317(2) B.N.S., Police Station - G.R.P., Kanpur Nagar. (v) Case crime No.94 of 2025 under section - 304 (2), 317 (2) B.N.S., Police Station - G.R.P. Kanpur Nagar."
4.
It was submitted that applicant has been granted bail in all the aforesaid five cases subject to condition of furnishing a personal bond and two sureties of like amount to the satisfaction of the court concerned. The applicant is unable to arrange separate sureties for each of the aforesaid five cases and due to that reason he could not come out on bail. All the offences are triable by the court of Magistrate and all these cases are pending in District Court, Kanpur Nagar. It was further submitted that in view of these facts and circumstances, the applicant may be permitted to furnish one personal bond and two sureties in Case Crime No. 305 of 2024, under sections 304(1), 317 (2) Β.Ν.S., Police Station - G.R.P., Kanpur Nagar, which may hold good in all the remaining four cases against the applicant, which have been mentioned above. In this regard,
learned counsel has placed reliance upon the case of Apex Court in SLP (Criminal) Nos. 8914-8915 of 2015, (Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Pradesh), judgement of this Court passed in Criminal Misc. Bail Application No.11380 of 2019, (Rizwan Alias Atta vs. State of U.P.), dated 15.03.2019 and Application 482 Cr.P.C. no. 16173 of 2020, (Rajeev Nishad vs. State of U.P.), dated 16.12.2020.
5. Having considered the facts and circumstances of the case as well as on perusal of the case laws relied upon by the learned counsel for the applicant, it is
directed that applicant shall be allowed to furnish a personal bond and two sureties to the satisfaction of the court concerned in Case Crime No.305 of 2024, under sections - 304(1), 317(2) Β.Ν.S., Police Station - G.R.P., Kanpur Nagar, if he has already been granted bail, and he would submit personal bonds in all the remaining aforesaid four cases and the sureties submitted in Case Crime No. 305 of 2024 would hold good in all the remaining four cases against the applicant, if he has already been granted on bail in those cases. The sureties submitted in Case Crime No. 305 of 2024, would hold good in all the remaining aforesaid four cases against the applicant. The photocopies of the sureties bonds submitted in Case Crime No. 305 of 2024 may be submitted in remaining aforesaid four cases. Thus, after submission of bail bonds in Case Crime No. 305 of 2024, the
applicant would not be required to submit separate sureties bonds in other remaining four cases, which have been mentioned above.
6. The application under Section 528 BNSS is disposed of in above terms.
Order Date :- 10.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad