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2025 DAILYLAW 57729 (ALL)

HASAN ALI ALIAS HASNAN ALI v. STATE OF U.P.

NA528/16950/2025 · 2025-05-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87117 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16950 of 2025 Applicant :- Hasan Ali Alias Hasnan Ali Opposite Party :- State of U.P. Counsel for Applicant :- Uma Dutt Shukla 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 take common securities of the applicant who has been implicated in three cases : I. Case Crime no. 208/2024 under sections 303(2), 318(2), 317(2) BNS, PS- Lohamandi, District Agra, II. Case Crime no. 710/2024 under sections 318(4), 303(2), PS- Sadar Bajar, District Agra, III. Case Crime no. 17 of 2025, under sections 109(1), 111(2)(b), 310(5), 336(3), 340(2), 338 BNS and Section 3,25,27 Arms Act, PS- Lohamandi, 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 common sureties 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 17.03.2025 passed by co- ordinate Bench of this Court, although thereafter till 03.04.2025 applicant has already been extended bail in consecutive2 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 common 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. However, learned trial court/concerned court is directed to consider, judgment rendered by Hon'ble Apex Court on dated 29.10.2018 in case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. in Special Leave to Appeal (Criminal) Nos. 8914-8915 of 2018, in case applicant prefers bail bond. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad