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2025 DAILYLAW 89565 (ALL)

PEETAR ALIAS DEVID v. STATE OF U.P.

NA528/32820/2025 · 2025-09-08

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32820 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to modify the order dated 30.7.2025 passed by learned C.J.M, Hapur in Case no. 11975 of 2024 (State of U.P. vs. Peetar @ Devid) pertaining to Case Crime no. 251 of 2024 under sections 420, 406, 467, 468, 471 IPC and 66-D IT Act, PS- Pilkhuwa, District Hapur. Further prayer has been made to direct the CJM, Hapur to reduce the amount of personal bond and the amount of sureties and also direct the CJM, Hapur to accept the aforesaid reduced amount in cash at the time of accepting the bail bond of the applicant in Case Crime no. 251 of 2024. 3.It is submitted by learned counsel for applicant that applicant has already been granted bail vide order dated 11.4.2025 passed by co- ordinate Bench of this Court. The bail order was presented before learned Chief Judicial Magistrate, Hapur for fixation of sureties and learned Chief Judicial Magistrate, Hapur vide order dated 16.4.2025 passed order directing the applicant to furnish two local sureties of Rs. 2,00,000/- each and further the personal bond of Rs. 2,00,000/-. Thereafter applicant moved an application under Section 484 read with 490 BNSS before court concerned praying that applicant being a foreign national is unable to furnish local sureties and as such he be permitted to deposit the amount in cash and further the amount of sureties be reduced to Rs. 1,00,000/- each in cash but the same has been rejected vide order dated 30.07.2025 which Versus Counsel for Applicant(s) : Hemendra Pratap Singh, Tarun Kumar Chauhan Counsel for Opposite Party(s) : G.A. Peetar Alias Devid .....Applicant(s) State of U.P. .....Opposite Party(s) has been challenged through instant application seeking aforementioned prayer. 4. Per contra, learned AGA opposed the prayer but could not dispute the aforesaid facts. 5. Considering the facts and circumstances of the case, this Court finds that applicant is a foreign national and as such it is not possible for her to furnish the local surety and as such the surety as determined by learned court concerned be accepted in cash. Moreover, applicant is directed to deposit Rs. 2 lakh before learned court concerned which will be treated as surety as directed by learned court concerned. 6. The application stands disposed of accordingly. September 9, 2025 Shaswat NA528 No. 32820 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad