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Neutral Citation No. - 2025:AHC:107378 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20828 of 2025 Applicant :- Neeraj Jain Urf Banti Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Amit Kumar holding brief of Mr. Vijit Saxena, learned counsel for applicant and learned AGA for State. 2. Learned counsel for applicant submitted that applicant has already been granted bail in Case Crime nos. 612 of 2024, 647 of 2024, 686 of 2024, 687 of 2024, 688 of 2024, 1086 of 2024, 270 of 2025, 301 of 2024, 204 of 2024, 236 of 2024, 261 of 2024 on different dates by co-ordinate Benches of this Court. By collecting all the bail orders when the applicant preferred personal bond along with presentation of surety in all case crimes, it has been denied by learned court of Additional Sessions Judge, Ist/ Special Judge, (BUDS Act), Lalitpur by way of giving categorical finding that in each and every bail orders, there is a specific direction by co-ordinate Bench of this Court for presenting personal bond along with two sureties and as such two sureties as proposed by applicant in all the matters has been denied vide order dated 28.05.2025 which impugned the instant application. 3. Learned counsel for applicant, relied upon judgment rendered by Hon'ble Apex Court in case of Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. decided on 29.10.2018 through which it has been held that in case, any applicant has been granted bail with two sureties in different bail orders, the same sureties were to be in all the other, if proposed by the applicant. 4. Learned AGA did not disputed the ratio decided in the judgment of Hani Nishad (supra). 5. In view of aforesaid discussions and in the light of judgment rendered by Hon'ble Apex Court in Hani Nishad (supra), order dated 28.05.2025 passed by learned Additional Sessions Judge, Ist/Special Judge (BUDS Act), Lalitpur is not sustainable in the eye of law and the same is hereby set aside. 6. However, it is made clear that the two sureties proposed by the applicant in all the bail orders passed by co-ordinate Bench of this Court shall be applicable for release of the applicant along with personal bond. 7.
The instant application u/s 528 BNSS stands allowed accordingly. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad