Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111755 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21142 of 2025 Applicant :- Subhash @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Rewti Raman Patel Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Rewti Raman Patel, learned counsel for applicant and learned AGA for State.
2. Present application has been preferred with prayer to direct the court below to enlarge the applicant on bail in Case Crime no. 214 of 2020 & Case Crime no. 150 of 2021, PS- Ramala on his personal bail bond and sureties.
3. At the very outset, learned counsel for applicant submitted that in aforesaid Case Crime nos. 214 of 2020 and 150 of 2021, applicant has already been granted bail vide order dated 21.11.2023 and 06.02.2025 passed by co-ordinate Bench of this Court but applicant is still languishing in jail due to inability to arrange surety and as such he seeks some modification in the bail orders dated 21.11.2023 and 06.02.2025 passed in Crl. Misc. Bail Application no. 42129 of 2023 (Subhash @ Chhotu vs. State of U.P.) and Criminal Appeal no. 368 of 2024 (Subhash @ Chhotu vs. State of U.P.) respectively.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that applicant has remedy to prefer modification application before co-ordinate Bench of this Court which passed orders dated 21.11.2023 and
06.02.2025.
5. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that argument raised by learned AGA seems to be forceful and as such no good ground exists for entertaining the present application once, applicant is having alternative remedy for filing modification application before learned court concerned. Prayer sought through instant application is hereby refused. However, applicant will be at liberty to prefer modification application on the basis of the
grounds taken up while preferring instant application before the same Court through which the bail has been extended in favour of the applicant.
6. The instant application u/s 528 BNSS stands disposed of accordingly. Order Date :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad