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Neutral Citation No. - 2025:AHC:111311 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24285 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Anup Kumar Shukla,Uma Dutt Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard 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. 465 of 2018, 261 of 2018 and 240 of 2019 on different dates by learned courts concerned. By collecting all the bail orders, when the applicant preferred an application before learned concerned with the prayer to accept same bond and sureties in all the said cases, the said application was
disposed of by Additional Sessions Judge-VII, Agra vide order dated 12.06.2025 without rejecting or accepting the said application 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 12.06.2025 passed by learned Additional Sessions Judge-VII, Agra, 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 learned courts concerned, 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 :- 11.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad