Disposed¶15

Shri Ram Gaur v. State of U.P. and Another

Allahabad HC24 Sept 2025NA528/28530/2025

Case brief

AI extract

What is this about?

Surety bonds discharge; Section 437A CrPC six-month validity; automatic discharge without fresh court order; Section 528 BNSS application; trial court records transferred to High Court; Tehsildar objection to sale of surety property; Criminal Misc. Case No. 801 of 2025; Relevant Session Trial No. 1554 of 2008; Case Crime No. 112 of 2008; Sections 148, 302 r/w Section 34 IPC; P.S. Kohna, District Kanpur Nagar; Additional Sessions Judge Court No. 20 Kanpur Nagar; order dated 15.4.2025; AGA position on automatic discharge; Jitendra Kumar Sinha; High Court of Judicature at Allahabad; September 25, 2025.

What did the court decide?

Direction that surety bonds filed under Section 437A CrPC before the trial court shall stand discharged automatically upon lapse of the six-month period, without any further court order. ¶15

Shri Ram Gaur Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 28530 of 2025

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Shri Ram Gaur

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		.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Prabhat Kumar Singh
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Sri Prabhat Kumar Singh, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned AGA for the State respondents.

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Present application has been filed challenging the impugned order dated 15.4.2025 passed by the Additional Sessions Judge, Court No. 20, Kanpur Nagar, in Criminal Misc. Case No. 801 of 2025 (Relevant Session Trial No. 1554 of 2008) (State vs. Jugnu and others), arising out of Case Crime No. 112 of 2008, under Sections 148, 302 r/w Section 34 IPC, P.S. Kohna, District Kanpur Nagar, pending in the court of Additional Sessions Judge, Court No. 20, Kanpur Nagar.

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It is contended by the learned counsel for the applicant that learned Additional Sessions Judge, Court No. 20, Kanpur Nagar has disposed of the application vide the order impugned filed by the applicant to discharge the surety bonds, which was filed by him under Section 437A CrPC. It is submitted that the learned trial Court has passed the order on the ground that the records of the case have already been sent to this court and in absence of the original record no order can be passed on the application. It is submitted by the applicant that he wants to sell the property, which is subject matter of the surety bonds under Section 437A CrPC but the Tehsildar asked him to get an order passed from the Court as the same was filed as surety bonds under Sections 437A CrPC in the Court. It is submitted that time period for surety bonds existing under Section 437A CrPC is six months and the said six months have already

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NA528 No. 28530 of 2025

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passed.

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On the other hand, learned AGA submits that by lapse of time surety bonds are automatically discharged and no specific order is required to be passed by the Court concerned.

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Duration for which the surety bonds under Section 437A CrPC is six months and by lapse of time the said bond is automatically discharged. There is no requirement in law to pass a fresh order for discharge of said surety bonds.

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In view of the above, present application u/s 528 BNSS stands disposed of with a direction that if the surety bonds have been filed under Section 437A CrPC before the trial Court and six months have passed, the same shall stand discharged automatically.

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(Jitendra Kumar Sinha,J.)

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September 25, 2025

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Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Shri Ram Gaur v. State of U.P. and Another

Case brief

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Shri Ram Gaur v. State of U.P. and Another

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