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2025 DAILYLAW 37280 (ALL)

RAJENDRA v. STATE OF U.P.

NA528/11296/2025 · 2025-04-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51982 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11296 of 2025 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Muqeem Ansari,Mohd. Akbar Shah Alam Khan 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 trial court to accept the two sureties in all the six cases, first case is case crime no. 254 of 2023 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, PS- Bhopa, District- Muzaffarnagar, second case is case crime no. 189 of 2011 u/s U.P.Gangster Anti-Social Activities (Prevention) Act, PS- Civil Lines, District- Muzaffarnagar, third case is Case Crime no. 113 of 2023 u/s 379, 411 IPC, PS- Charthawal, District- Muzaffarnagar, fourth case is case crime no. 113 of 2023 under sections 379, 411, 413, 414, 465, 468 IPC, PS- Bhopa, District- Muzaffarnagar, fifth case is Case Crime no. 51 of 2023 under sections 382, 411, 413 IPC, PS- Kakrauli, District- Muzaffarnagar and sixth is Case Crime no. 208 of 2023 under sections 379, 411 IPC, PS- Nai Mandi, District- Muzaffarnagar all the cases pertains to same District- Muzaffarnagar. 3. At the very outset, learned counsel for applicant sought the direction of this Court in shape of instructing the trial court to permit two sureties for all six 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 05.03.2024 passed by learned court of Additional Chief Judicial Magistrate, Muzaffarnagar, although thereafter till 24.02.2025 applicant has already been extended bail in consecutive 6 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 two 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 :- 8.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad