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2025 DAILYLAW 66649 (ALL)

AVINASH ALIAS GENDA v. STATE OF U.P.

NA528/20839/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106265 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20839 of 2025 Applicant :- Avinash Alias Genda Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan 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 seven cases, wherein the applicant has already been granted bail. 3. At the very outset, learned counsel for applicant sought the direction of this Court in shape of instructing the trial court to permit two sureties for all seven cases, wherein the applicant has 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 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 to the last bail order granted in his favour, which are consecutively seven in numbers, 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 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. Order Date :- 7.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad