Disposed¶11

Chandan Soni v. State of U.P.

Allahabad HC13 Feb 2025NA528/3687/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application disposed with direction to accept one common surety and bond across four FIRs (Case Crime Nos. 227, 270, 272 and 274 of 2024, P.S. Phoolpur, District Varanasi); applicant earlier granted bail under Sections 317(2), 317(4) and 317(5) of BNSS; reliance placed on Supreme Court decision in Hani Nishad @ Mohammad Imran @ Vikky v. State of U.P., 2018 LawSuit(SC) 1637; AGA no objection; High Court of Judicature at Allahabad, Vikas Budhwar, J., order dated 14.2.2025.

What did the court decide?

Direction to the court below to accept one common surety with respect to the four criminal cases (Case Crime Nos. 227, 270, 272 and 274 of 2024), strictly in accordance with law, subject to legal impediment, if any. ¶11

Chandan Soni Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:21549

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Court No. - 74

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Case :- APPLICATION U/S 528 BNSS No. - 3687 of 2025

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Applicant :- Chandan Soni Opposite Party :- State of U.P. Counsel for Applicant :- Ikshwaku Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Ikshwaku Srivastava, learned counsel for the applicant and Sri Kuldeep Singh Chauhan, learned AGA for the State.

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This is an application under Section 528 of BNSS seeking relief to the extent that a direction be issued to the court below to consider common two sureties and bond in four cases i.e. Case Crime No. 227 of 2024, Case Crime No. 270 of 2024, Case Crime No. 272 of 2024 and Case Crime No. 274 of 2024, under Sections 317(2), 317(4) & 317(5) of BNSS at P.S. Phoolpur, District Varanasi.

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Learned Counsel for the applicant has invited attention towards Annexure 2 at page 34 of the paper book being an order dated 07.12.2024 whereby the applicant was enlarged on bail in Case Crime No. 227 of 2024 under Sections 317(2), 317(4) and 317(5) of BNSS, order dated 03.01.2025 whereby the applicant was enlarged on bail in Case Crime No. 270 of 2024 under Sections 317(2), 317(4) and 317(5) of BNSS order dated 06.01.2025 whereby the applicant was enlarged on bail in Case Crime No. 272 of 2024 under Sections 317(2), 317(4) and 317(5) of BNSS and Case Crime No. 274 of 2024 under Sections 317(2), 317(4) and 317(5) of BNSS. According to learned counsel for the applicant, in

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view of the decision of the Hon'ble Apex Court in Hani Nishad @ Mohammad Imran @ Vikky Vs. State of Uttar Pradesh, 2018 LawSuit(SC) 1637 common sureties has been directed for enlargement on bail.

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Learned AGA has no objection to the same.

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Considering the submission of the learned counsel for the parties, the application stands disposed of requiring the court below to accept one common surety with respect to the four cases as criminal cases as noticed above strictly in accordance with law, subject to legal impediment, if any.

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Order Date :- 14.2.2025 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Chandan Soni v. State of U.P.

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