Allahabad High Court
GOVINDversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court directed the magistrate to release the applicant on a personal bond of Rs.1,00,000 with two sureties, thereby disposing the application under Section 482 Cr.P.C.
Summary
The applicant, Govind, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking release from four separate criminal cases by furnishing a single personal bond and two sureties. The four cases involved offences under Section 309(4) of the B.N.S. and one case under Section 109 of the B.N.S. and Section 3/25 of the Arms Act. The applicant argued that he had already been granted bail in each case, was financially unable to provide multiple sureties, and that the confessional statements leading to his arrest were irrelevant. The court considered whether a single bond could satisfy the requirements for release in multiple proceedings and whether the magistrate could be directed to order such release. The court ordered the magistrate to release the applicant on a personal bond of Rs.1,00,000 with two sureties and disposed of the application under Section 482 of the Cr.P.C.
Issues considered
- Can a single personal bond with two sureties be used to secure release in multiple criminal cases under Section 528 of the B.N.S.?
- Whether the confessional statements on which the applicant was implicated are irrelevant for bail considerations.
- Whether the court can direct the magistrate to release the applicant in all pending cases.
- Appropriateness of disposing the application under Section 482 of the Cr.P.C.
Legislation cited
- Arms Act — s. 3/25
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 109, 309(4), 528
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- bail
- personal bond
- sureties
- Section 528
- Section 482
- multiple criminal cases
- confessional statement
- poor applicant
- magistrate direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10920 of 2026
Govind
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Mishra, Jitendra Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri Rajesh Babu, learned Advocate holding brief of Sri Anil
Mishra, learned counsel for the applicants and Sri B.N. Upadhyay,
learned brief holder for the State.
2. The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with the prayer to issue a
direction to release the applicant in all the four criminal cases on the basis
of one personal bond that two sureties. The four criminal cases are here in
below:-
(i) Case Crime No. 247 of 2025, Under Sections-309(4) of B.N.S., 2023,
Police Station Mau Aima, District- Prayagraj.
(ii) Crime No. 0288 of 2025, Under Sections-309(4) of B.N.S., 2023,
Police Station Mau Aima, District- Prayagraj.
(iii) Case Crime No. 239 of 2025, Under Sections-309(4) of B.N.S., 2023,
Police Station-Nawabganj, District- Prayagraj.
(iv) Case Crime No. 323 of 2025, under Sections-109 B.N.S. & 3/25
Arms Act, Police Station-Mau Aima, District- Prayagraj.
3. Learned counsel for the applicant submits that in all the cases, the
applicant has been granted bail. Applicant is a poor person and is unable
to furnish sureties in all the cases. The applicant is languishing in jail
since 13.06.2025 and his last bail application has been allowed on
NA528 No. 10920 of 2026
2
16.01.2026. It is further submitted that applicant has been implicated in
all the cases on the basis of confessional statement, which is irrelevant.
4. In view of above facts and circumstances, the concerned Magistrate of
District Prayagraj is directed to release the applicant in respective cases,
after producing personal bond of Rs. 1,00,000/- and two sureties of the
like amount to the satisfaction of the court concerned.
5. Application under Section 482 Cr.P.C. is disposed of with above
observations.
(Sanjay Kumar Pachori,J.)
March 19, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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