Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36532 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA for State.
2. Instant application has been preferred for quashing impugned order dated 28.7.2025 passed by learned Chief Judicial Magistrate, Hapur in Case Crime no. 23 of 2025 under sections 303(2), 317(2) of BNS, PS- Hapur Nagar, District Hapur and further direct learned Chief Judicial Magistrate, Hapur to pass appropriate order to release applicant in Case Crime nos. 23 of 2025, 348 of 2024, 650 of 2024, 651 of 2024, 682 of 2024, 696 of 2024, 862 of 2024 and 241 of 2025.
3. Learned counsel for the applicant submitted that applicant has been enlarged on bail in 8 cases namely Case Crime nos. 23 of 2025, 348 of 2024, 650 of 2024, 651 of 2024, 682 of 2024, 696 of 2024, 862 of 2024 and 241 of 2025 and he made specific prayer vide application dated 16.7.2025 before court concerned for entertaining two sureties and bail bond in all the 8 cases but the same prayer has been rejected vide order dated 28.7.2025 passed by learned court of Chief Judicial Magistrate, Hapur which is directly denying the dictum pronounced by Hon'ble Apex Court in case of Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. in Special Leave to Appeal (Criminal) no. 8917-8915/2018 decided on 29.10.2018 .
4. Per contra, learned AGA also seconded the argument raised by learned counsel for applicant specifically in pursuance to judgment pronounced by Hon'ble Apex Court. Versus Counsel for Applicant(s) : Dharam Singh, Kumari Poonam Rajpoot, Prem Babu Verma Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State of U.P. .....Opposite Party(s)
5. In view of aforementioned facts and circumstances in the light of judgment of Hani Nishad (supra), order dated 28.7.2025 passed by learned court of Chief Judicial Magistrate, Hapur is hereby set aside. Learned court of Chief Judicial Magistrate, Hapur is hereby directed to accept two sureties and personal bond in aforementioned 8 cases wherein the applicant has already been bailed out.
6. The application stands allowed accordingly. October 6, 2025 Shaswat NA528 No. 36532 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad