Neutral Citation No. - 2025:AHC:86961 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17179 of 2025 Applicant :- Hasim Husain Opposite Party :- State of U.P. Counsel for Applicant :- Uma Dutt Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Certified copy of the order dated 23.04.2025 preferred by learned counsel for applicant is taken on record and the same shall be treated as part and parcel of instant petition. 2. Heard learned counsel for parties. 3. Instant application has been preferred for seeking direction in favour of learned Additional Chief Judicial Magistrate, Court no. 5, Agra who rejected vide order dated 23.04.2025, the prayer for common surety in all three cases namely Case Crime nos. 0146 of 2024, 710 of 2024 and 17 of 2025 wherein applicant has already been granted bail, which has been submitted in the light of the 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. 4. Although the copy of the order dated 23.04.2025 has not been preferred at the time of institution of the instant application but the same has been provided during course of argument. Certified copy of the order dated 23.04.2025 is taken on record and the same shall be treated as part and parcel of instant petition as order impugned to the application. 5. Learned counsel for the applicant submitted that the specific prayer made before learned court concerned in the light of judgment Hani Nishad (supra) has been rejected which is directly denying the dictum pronounced by Hon'ble Apex Court. 6. Per contra, learned AGA also seconded the argument raised by learned counsel for applicant specifically in pursuance to judgment pronounced by Hon'ble Apex Court. 7. In view of aforementioned facts and circumstances, order dated 23.04.2025 is hereby set aside. Learned court of Additional Chief Judicial Magistrate, Court no. 5, Agra is hereby directed to accept two sureties in all three cases wherein the applicant has already been bailed out. 8. The application stands allowed accordingly. Order Date :- 22.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad