Neutral Citation No. - 2025:AHC:21109 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2372 of 2025 Applicant :- Ali Sama Maman Jaqra Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Pal Counsel for Opposite Party :- Abhishek Tripathi,G.A. Hon'ble Vikas Budhwar,J. 1. Learned counsel for the applicant makes an oral request for impleading the first informant as party. 2. He may do so during the course of the day. 3. Heard Shri Bhupendra Pal, learned counsel for the applicant, Shri Sunil Pratap, learned AGA for the State and Shri Abhishek Tripathi, Advocate who appears for newly added opposite party No.2. 4. This application has been filed u/s 482 Cr.P.C. for accepting/considering the personal bond and two sureties in three cases i.e. Case Crime No. 106 of 2024, P.S. Kotwali, District Kanpur Nagar, Case Crime No. 40 of 2023, P.S. Harbansh Mohal, District Kanpur Nagar and Case Crime No. 62 of 2024, P.S. Harbansh Mohal, District Kanpur Nagar and release the applicant from jail in compliance of bail orders of the competent court. 5. The application has been filed with a prayer that single bail bond/sureties be treated for enlargement on bail in all the three bail orders with respect to the criminal cases so accorded by the competent courts of law. Learned counsel for the applicants submits that so far as Case Crime No. 40 of 2023 under Sections 420, 406, 506, 467, 468, 471 IPC is concerned, he has been enlarged on bail in Criminal Misc. Bail Application No. 7821 of 2024 on 29.04.2024 in which Opposite party No. 2 has preferred a Bail cancellation Application No. 25 of 2025. So far as other Case Crime No. 106 of 2024, under Sections 420, 467, 468, 471, 120-B IPC is concerned, the applicant has been enlarged on bail on 19.09.2024 by the court below in which a Bail Cancellation No. 604 of 2024 has been preferred by the opposite party No. 2 in which on 10.01.2025 notices had been issued. As regards the third Criminal Case 62 of 2024, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act is concerned, applicant was enlarged on bail by this Court in Criminal Misc. Bail Application No. 39710 of 2024. 6. Learned counsel for the applicant submits that there happens to be a dictum of the Hon'ble Apex Court in somewhat circumstances in Hani Nishad @ Mohammad Imran @ Vikky v. The State of Uttar Pradesh being S.L.P. (Crl.) No. 8914-8915 of 2018 wherein on 29.18.2018, the Hon'ble Apex Court directed for only bail bond with respect to the several bail orders. 7. Learned A.G.A. as well as learned counsel for opposite party No.2 have argued that the applicant has misused the bail while submitting forge and the factious bail bond, which on verification was found to be fake. They submit that the applicant is not entitled to be enlarged on bail. 8. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that once applicant stands enlarged on bail, then in the circumstances, the judgment in the case of Hani Nishad (supra) will come into play. As regards the submission of the fake bail bonds as alleged by the opposite party No. 2 is concerned, it is always open to initiate criminal proceedings, however, merely because a bail cancellation application has been preferred, the same cannot be a ground to negate the claim of the applicant for being protected as relief granted by the Hon'ble Apex Court in Hani Nishad (supra). 9. Accordingly, the application stands disposed of requiring the court below to treat single bail bond for all the three criminal cases in which the applicants claims to have been enlarged on bail. 10. The passing of the order today may not be construed to be an expression that this Court has adjudicated upon the allegations made by opposite party No.2. As once the law provides a particular proceedings then it is always open for the competent court or for the opposite party No.2 to take the necessary action. Order Date :- 10.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad