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Neutral Citation No. - 2025:AHC:117533 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25219 of 2025 Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Mohd. Razif 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 trial court to accept a personal bond and two sureties in one case and the said personal bond may be treated to be valid in all other cases i.e. Case Crime nos. 138 of 2023, 140 of 2023, 142 of 2023 and 300 of 2024, so that applicant may be released from jail. 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 four cases wherein, applicant has already been enlarged on bail. 4. Per contra, learned AGA 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 dated 25.09.2023 passed in Case Crime no. 138 of 2023, although thereafter till 27.06.2025 applicant has already been extended bail in consecutive 4 cases 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.
However, applicant is at liberty to prefer appropriate application before learned court concerned for redressal of his grievance. Order Date :- 18.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad