Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36939 (ALL)

PANKAJ KUSHWAH v. STATE OF U.P. AND ANOTHER

NA528/11877/2025 · 2025-04-09

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:54275 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11877 of 2025 Applicant :- Pankaj Kushwah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to direct the learned trial court not to insist the applicant to file separate surety bond in four criminal cases and accept one surety in lieu of all four criminal cases mentioned as (i) Case Crime no. 327/2024, (ii) Case Crime no. 291/2024, (iii) Case Crime no. 301/2024 and (iv) Case Crime no. 206/2024. 3. At the very outset, learned counsel for applicant sought the direction of this Court in shape of instructing the trial court to permit one surety for all four cases wherein, applicant has already been enlarged on bail. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. During the course of argument a precise query has been raised before learned counsel for applicant that whether applicant has ever preferred the bail bond in pursuance to the aforesaid cases wherein he has been enlarged on bail and if so, whether there is a specific denial from learned trial court in shape of asking separate sureties for separate cases. In response to the query, learned counsel for applicant fairly submitted that applicant never preferred any bail bond in pursuance to any of aforesaid cases in which he has been enlarged on bail and there is no specific denial from learned trial court concerned. 6. In view of aforementioned discussions and after perusing the records, this Court finds that no prejudice has been caused to the applicant as applicant never intended to prefer bail bonds in pursuance to first bail order dated 17.02.2025 passed by learned court of Additional District and Session Judge, Court no. 6, Agra, although thereafter till 11.03.2025 applicant has already been extended bail in consecutive 4 cases but at no point of time he intended to prefer bail bonds and as such there is hardly any denial available in record with regard to separate surety in each and ever bail bond. Hence, no cause of action arises in favour of applicant to pursue the instant application. 7. The instant application stands dismissed accordingly. Order Date :- 10.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad