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2025 DAILYLAW 45963 (ALL)

VISHAL KUMAR @ BABU BIDI v. STATE OF U.P.

NA528/13794/2025 · 2025-04-29

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68285 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13794 of 2025 Applicant :- Vishal Kumar @ Babu Bidi Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Madhesia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant. 2. Present application has been preferred with prayer to direct the learned courts concerned to accept the single personal bond and two sureties in all the 14 cases which are mentioned in the prayer clause of this petition. 3. At the very outset, learned counsel for applicant sought the direction of this Court in shape of instructing the learned courts concerned to permit two sureties for all 14 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 courts concerned 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 cases in which he has been enlarged on bail and there is no specific denial from learned trial courts 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 05.09.2020 passed by learned court of Chief Judicial Magistrate, Varanasi, although thereafter till 01.04.2025, applicant has already been extended bail in consecutive14 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 sureties in each case, hence, no cause of action arises in favour of applicant to pursue the instant application. 7. Accordingly, the instant application stands dismissed at this stage. Order Date :- 30.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad