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2025 DAILYLAW 38955 (ALL)

MUZAMMIL v. STATE OF U.P.

NA528/11778/2025 · 2025-04-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54274 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11778 of 2025 Applicant :- Muzammil Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey 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 court below to accept the same sureties and bonds as furnished by the applicant in accordance with law for releasing the applicant on bail during the pendency of trial in the criminal cases pending in the learned court below which are total two in numbers i.e. 1. Case Crime no. 34 of 2024, u/s 109 of BNS & Section 3/25/27 of Arms Act, PS- Khalapar, District Muzaffar Nagar, 2. Case Crime no. 23 of 2025, u/s 304 of BNS, PS- Khalapar, District Muzaffar Nagar as shown in paragraph no. 7 of the affidavit with the application. 3. At the very outset, learned counsel for applicant sought the direction of this Court in shape of instructing the trial court to permit same sureties for two 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 12.03.2025 passed by learned court of Sessions Judge, Muzaffarnagar, although thereafter till 17.03.2025 applicant has already been extended bail in consecutive two 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 :- 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