Adesh Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Adesh Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: applicant given one month from the date hereof to submit the bail bonds and personal bond as ordered earlier by the Session Court, and the Session Court shall accept them on record upon submission; the applicant thereby obtains renewed protection notwithstanding the earlier rejection of his furnishing application.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the order dated 9.6.2025 of the Session Judge, Firozabad (Misc. Application No. 398 of 2025) rejecting furnishing of the applicant's bonds should be allowed, and whether the court concerned should be directed to accept the applicant's bail bonds in case crime no. 644 of 2020.

Court's answer

Although the Session Judge, Firozabad had granted anticipatory bail after considering all aspects, the applicant's application for furnishing of the personal bond and bail bonds before the court concerned was rejected subsequently only for non-submission of those bonds within the stipulated time.

Ratio / Principle

Since the charge-sheet in the matter has been submitted, if protection is not granted to the applicant great prejudice may be caused to him and he may be arrested, even though anticipatory bail was already granted to him; hence continued protection is warranted.

Key takeaways

The applicant is directed to submit the bail bonds and personal bond, as ordered earlier by the Session Court, within a period of one month from the date of judgment, and if submitted before the Session Court they shall be accepted on record by the Session Court.ratio¶17

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 78) — Nalin Kumar Srivastava, J. — Judgment dated October 8, 2025 — APPLICATION U/S 528 BNSS No. 34537 of 2025 — Adesh Kumar v. State of U.P. In case crime no. 644 of 2020 (Sections 419, 420, 467, 468, 272 IPC and Section 60/72 Excise Act, Police Station Shikohabad, District Firozabad), the applicant was first granted anticipatory bail till submission of the police report under Section 173(2) Cr.P.C., and, after the charge-sheet, again till the end of trial by the Session Judge, Firozabad. Being a serious heart patient and unable to move, he could not produce sureties and personal bonds within the stipulated period; his application before the Session Court at Firozabad for extension/submitting the bonds was rejected vide order dated 9.6.2025 in Misc. Application No. 398 of 2025. Holding that the rejection occurred only for non-submission of the bonds within the stipulated time and that, the charge-sheet having been submitted, refusal of protection would cause great prejudice and expose the applicant to arrest although anticipatory bail had already been granted, the High Court allowed the application and directed the applicant to submit the bail bonds and personal bond, as ordered earlier by the Session Court, within one month, whereupon the Session Court shall accept them on record.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34537 of 2025

Adesh Kumar

.....Applicant(s)

Versus

State of U.P.

			.....O	pposite Party(s)
Counsel for Applicant(s)	: Nisha Rathore	Chouhan,	Shailendra	Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NALIN KUMAR SRIVASTAVA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This Application u/s 528 BNSS has been filed with the prayer to quash the order dated 9.6.2025 passed by Session Judge, Firozabad in Misc. Application No.398 of 2025 (Adesh Vs. State of U.P.) arising out of case crime no.644 of 2020 under sections 419, 420, 467, 468, 272 IPC and section 60/72 Excise Act, Police Station Shikohabad, District Firozabad. Further prayer has been made to direct the court concerned to accept the bail bonds of the applicant in the aforesaid crime number.

It is submitted by learned counsel for the applicant that earlier in case crime no.644 of 2020 under sections 419, 420, 467, 468, 272 IPC and section 60/72 Excise Act, the applicant was granted anticipatory bail till the submission of police report under section 173 (2) Cr.P.C. However, after submission of charge-sheet, he again approached the Court for anticipatory bail till the end of trial and positive order was passed in his favour by the learned Session Judge, Firozabad but however within the stipulated period of time he could not produce sureties and personal bonds before the court concerned for the reason that he had been a serious heart patient and was unable to move and the said negligence was committed by him. It is further submitted that in the interest of justice, the extension of time to submit the personal bond and bail bonds before the court concerned may be granted. It is also submitted that an application with the aforesaid request was submitted before the Session Court at Firozabad but it was rejected vide order dated 9.6.2025.

NA528 No. 34537 of 2025

2

Learned A.G.A. opposed the prayer.

It appears from the perusal of the record that after considering all the aspects, the Session Judge, Firozabad had granted anticipatory bail in favour of the applicant but subsequently only for non-submission of personal bond and bail bonds within the stipulated time, his application for furnishing of the same before the court concerned was rejected. Since the charge-sheet in this matter has been submitted, if protection is not granted to the applicant, a great prejudice may be caused to him and he may be arrested in this matter, whereas anticipatory bail was already granted to him.

In view of that, the applicant is directed to submit the bail bonds and personal bond, as ordered earlier by the Session Court, within a period of one month from today and if he submits it before the Session Court, it shall be accepted on record by the Session Court.

On this ground, the present application is allowed accordingly.

October 8, 2025 ss

(Nalin Kumar Srivastava,J.)

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad