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Neutral Citation No. - 2025:AHC:55113 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12341 of 2025 Applicant :- Anil Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava 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 and personal bond in all the four cases, first case is case crime no.327 of 2024, under Section 109(1) BNS and Sections 3/25 Arms Act, PS- Fatehabad, District- Agra; second case is case crime no.301 of 2024, under Sections 303(2), 317(2) BNS, PS- Fatehabad, District- Agra; third case is Case Crime no.206 of 2024, u/s 331(4), 305, 112 BNS, PS- Iradatnagar, District- Agra; fourth case is case crime no.291 of 2024, under sections 303(2) BNS, PS- Shamshabad, District- Agra. 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 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 04.02.2025 passed by learned court concerned although thereafter till 04.03.2025 applicant has already been extended bail in consecutive four 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. However, it is made clear that applicant is hereby directed to prefer bail bond and submit the same prayer before learned court concerned in light of judgement rendered by Hon'ble Apex Court in case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P., decided on 29.10.2018 in Petition(s) for Special Leave to Appeal (Crl.) No. 8914-8915 of 2018. 8. With the aforesaid observation, instant application stands
disposed of.
Order Date :- 15.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad