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Neutral Citation No. - 2025:AHC:125383 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 21898 of 2025 Applicant :- Rustam Ansari Alias Tepar Opposite Party :- State of U.P. Counsel for Applicant :- Obaidur Rahman Khan,Saddam Husain,Sonmati Kumari Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record. 2. Instant application under Section 528 B.N.S. has been filed seeking a direction to the concerned court below to waive the requirement for filing separate surety bonds as well as personal bond in each of the 13 cases and accept two sureties and one personal bond for all cases collectively and release the applicant on bail accordingly, details of which are given below: (1) Case Crime No. 81 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District-Deoria, (2) Case Crime No. 427 of 2021, under Section 323, 336 504, 506 I.P.C., Police Station- Kotwali, District- Deoria, (3) Case Crime No. 526 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District- Deoria, (4) Case Crime No. 522 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District- Deoria, (5) Case Crime No. 523 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria, (6) Case Crime No. 13837 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria, (7) Case Crime No. 526 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria, (8) Case Crime No. 479 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria, (9) Case Crime No. 774 of 2020, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria,
(10) Case Crime No. 177 of 2021, under Section 41, 411, 413, 473 I.P.C., Police Station- Khampur, District Deoria, (11) Case Crime No. 178 of 2021, under Section 41, 411, 413 I.P.C., Police Station- Khampur, District Deoria, (12) Case Crime No. 183 of 2021, under Section 4/25 Arms Act, Police Station- Khampur, District Deoria, (13) Case Crime No. 447 of 2021, under Section 392, 411 I.P.C., Police Station- Kotwali, District Deoria,
3. It has been submitted that the applicant is wanted in 13 criminal cases, however, he has been released on bail in all the criminal cases.
Owing to his poor condition, it is difficult for him to arrange sureties in all the 13 cases and submit his personal bond. It is further submitted that in view of the ratio decided by Hon'ble Supreme Court in the matter of Hani Nishad @ Mohammad Imran @ Vikky vs. The State of Uttar Praesh [SLP (Crl.) No. 8914- 8915/2018, present applicant may be permitted to produce only two sureties and one personal bond in one case and the same may be treated to be good for all the criminal cases wherein the applicant has been enlarged on bail. 4. Learned AGA has not disputed the factum of release of the present applicant in all the 13 criminal cases on bail and the dictum of Hon'ble Supreme Court in the matter of Hani Nishad @ Mohammad Imran @ Vikky (supra). 5. In this conspectus, as above, no useful purpose would be served to keep this application pending, therefore, this Court deems it appropriate to finally decide the instant application, without entering into the merits of the case as mentioned in the application, with a direction that the applicant is at liberty to furnish two sureties and one personal bond of higher amount as may be
directed by the court concerned in the bail application i.e. Bail Application No. 489 of 2022 in Case Crime No. 81 of 2021, under Section 392, 411 I.P.C. (annexure No. 1). Furnishing of two sureties and one personal bond, as directed above, shall be treated to be good for the purpose of releasing the applicant on bail in all the 13 cases as mentioned above.
6. With the aforesaid direction, instant application is disposed off.
Order Date :- 28.7.2025/Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad