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Neutral Citation No. - 2025:AHC:86489 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18368 of 2025 Applicant :- Sartaj And Another Opposite Party :- State of U.P. Counsel for Applicant :- T. Islam 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 trial court to accept the two sureties and personal bond in all the ten cases, wherein the applicants have already been granted bail.
3. At the very outset, learned counsel for applicants sought the direction of this Court in shape of instructing the trial court to permit two sureties for all ten cases, wherein the applicants have already been enlarged on bail.
4. Per contra, learned A.G.A. 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 applicants that whether applicants have ever preferred the bail bond in pursuance to the aforesaid cases wherein they have 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 applicants fairly submitted that applicants never preferred any bail bond in pursuance to any of aforesaid cases in which they have 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 applicants as applicants never intended to prefer bail bonds in pursuance to first bail order to the last bail order granted in their favour, which are consecutively ten in numbers, but at no point of time they 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 applicants to pursue the instant application.
7. However, it is made clear that applicants are hereby directed to prefer bail bond and submit the same prayer before learned court concerned in light of judgements 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 as well as in Girish Gandhi vs. State of U.P., decided on 22.08.2024 in Writ Petition (Criminal) No.149 of 2024.
8. With the aforesaid observation, instant application stands
disposed of.
Order Date :- 22.5.2025 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