Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128588 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 27479 of 2025 Applicant :- Gaurav Dixit Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Yadav 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. This application under Section 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 this application and Reduce the amount of personal bond of Rs. 40 lacs. and a surety of same amount passed by Additional Chief Judicial Magistrate Room No.6, Prayagraj dated 24.04.2025 in Case Crime No. 113 of 2025, under Sections - 281, 125(A), 125(B), 106(1) of B.N.S., Police Station Mauaima, District Prayagraj (State Vs. Salman Ali), otherwise the applicant shall suffer irreparable loss and injury."
3. It is submitted by learned counsel for the applicant that applicant is attorney of the registered owner of Vehicle No. NL01AJ4745, which was shown involved in Case Crime No. 113 of 2025, under Sections - 281, 125(A), 125(B), 106(1) BNS, Police Station - Mauaima, District - Prayagraj. The said vehicle was released in favour of applicant vide impugned order dated 24.04.2025, subject to the condition that applicant shall submit a personal bond in sum of Rs. 40 lakhs and two sureties of like amount. Learned counsel submitted that the amount of personal bond and sureties is quite high and excessive, due to which applicant is unable to arrange the sureties. The said vehicle was purchased by availing loan. It was submitted that
the amount of personal bond and sureties may be reduced, so that the said vehicle may be released.
4. Considering aforesaid facts of the matter, the amount of personal bond and surety bonds is reduced from Rs. 40 lakhs to Rs. 20 lakhs and it is directed that the aforesaid vehicle of applicant shall be released in favour of the applicant subject to furnishing a personal bond of Rs. 20 lakhs of vehicle owner and two sureties of like amount to the satisfaction of the Court concerned. The impugned order dated 24.04.2025 stand altered to this extent. The other conditions mentioned in the impugned
order dated 24.04.2025 shall remain operative and effective.
5. The application under Section 528 BNSS is disposed of in above terms.
Order Date :- 31.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad