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Neutral Citation No. - 2025:AHC:128193 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 27605 of 2025 Applicant :- Shahjad Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 528 BNSS application has been filed by the applicant with the prayer to direct the court below to take two sureties and one personal bond in pursuance of all six bail orders i.e. (1) Case Crime No.296 of 2024, under section 303 (2) B.N.S. (2) Case Crime No.295 of 2024, under section 3/5Ka/8, U.P. Prevention of Cow Slaughter Act. (3) Case Crime No.294 of 2024, under section 3/5Ka/8, U.P. Prevention of Cow Slaughter Act. (4) Case Crime No.306 of 2024, under section 3/5/8, U.P. Prevention of Cow Slaughter Act (5) Case Crime No.299 of 2024, under sections 109, 3(5) B.N.S. (6) Case Crime No.308 of 2024, under sections 109, 317(5), 345(3) BNS, P.S.Simbhawali, District Hapur.
3. Learned counsel for the applicant argued that the applicant is involved in six criminal cases. Bail has been g ranted to him in all the cases by the concerned court. It is argued that as bail has been granted in all the cases against the applicant, he is unable to file separate bail bonds and surety bonds, hence, he may be permitted to file a personal bond and two sureties in one case which may be treated in all the said six cases. He has placed reliance over the
judgment of Hon'ble The Apex Court passed in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of UP, in Special Leave to Appeal (Crl.) No.8915 of 2018 passed on
29.10.2018. The operative portion of the order of Hon'ble the Apex Court is quoted herein below:
"However, by the impugned order, the High Court has modified the conditions of bail imposed by the Trial Court in the instant cases by directing the Trial Court to accept one common surety for all the cases and one surety each for the 31 cases.
Learned counsel for the petitioner submits that even though the Court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties. Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the Petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases. With these observations, the Special Leave Petitions are disposed of. Pending applications, if any, shall stand disposed of."
4. In view of the judgment passed by Hon'ble the Apex Court, the trial court is directed to accept one common surety for all the six cases.
5. In view of the above, the impugned order is modified to the extent that the applicant shall execute a personal bond for Rs.25,000/- and the same bond shall hold good for all six cases. There shall be two sureties who shall execute the bond for Rs.25,000/- which bond shall hold good for all the six cases. It is clarified that the personal bond so executed by the applicant and the bond so executed by the two sureties shall hold good for all the six cases.
6. With the above directions, this application is disposed of finally.
Order Date :- 31.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad