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2025 DAILYLAW 43585 (ALL)

SARFRAJ v. STATE OF U.P.

NA528/13264/2025 · 2025-04-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60722 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13264 of 2025 Applicant :- Sarfraj Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram,Ravindra Kumar 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 learned trial court to waive the requirement for filing separate sureties as well as personal bond in each three cases and accept the two sureties and one personal bond for all three cases collectively and release the applicant on bail accordingly, details of which are as under: (i) Case Crime no. 530 of 2019 under Section 379, 411 IPC, PS- Budhana, District Muzaffar Nagar. (ii) Case Crime no. 1344 of 2015 under Section 2/3 of U.P.Gangster and Anti- Social (Prevention) Act, 1986, PS- Kotwali Nagar, District- Muzaffar Nagar. (iii) Case Crime no. 85 of 2020 under Section 2/3 of U.P.Gangster and Anti- Social (Prevention) Act, 1986, PS- Kotwali Nagar, District Muzaffar Nagar. 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 and one personal bond for all three 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 17.01.2025 passed by learned court of Chief Judicial Magistrate, Muzaffar Nagar although thereafter till 17.02.2025 applicant has already been extended bail in consecutive 3 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 at this stage accordingly. Order Date :- 22.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad