Allahabad High Court
GULAB USMANIversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court ordered the release of the applicant on a personal bond of Rs. 1,00,000 and two sureties of equal amount in all the pending cases.
Summary
The applicant, Gulab Usmani, filed an application under Section 528 of the B.N.S.S. seeking release from custody in eight criminal cases where bail had been granted but he could not furnish the required sureties. He contended that the cases were based on confessional statements, which he argued were inadmissible and that the police lacked authority to record such statements. The applicant, described as a poor person, had been in jail since 28 January 2025, with his last bail application allowed on 27 February 2026. The court examined the statutory provision allowing release on personal bond and considered the applicant's inability to provide sureties. It directed that the applicant be released in all the listed cases upon furnishing a personal bond of Rs. 1,00,000 and two sureties of the same amount, satisfying the concerned courts. The application was consequently disposed of.
Issues considered
- Whether an applicant can be released on personal bond under Section 528 of the B.N.S.S. despite inability to furnish sureties
- Whether confessional statements recorded by police are admissible in the cited cases
- Whether the police have authority to record confessional statements under the applicable statutes
Legislation cited
- B.N.S. — s. 109(1), 3(5)
- B.N.S.S. — s. 528
- Indian Penal Code — s. 392, 393, 411
- Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 2, 3
Subjects
- bail
- personal bond
- surety
- confessional statement
- Section 528
- release from custody
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13243 of 2026
Gulab Usmani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jigyasha Tripathi, Surendra Kumar
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Ms. Jigyasa Tripathi, Advocate holding brief of Shri Surendra Kumar
Tripathi, learned counsel for the applicant and Sri Karunakar Singh, learned
A.G.A. for the State.
The present application under Section 528 of B.N.S.S. has been filed to issue
a direction to release the applicant in 9 cases on the basis of personal bond
and two sureties, which are as follows:
(i) Case Crime No. 608 of 2017, under Sections 392, 411 of I.P.C., P.S.
Jagdishpura, District Agra.
(ii) Case Crime No. 698 of 2017, under Sections 392, 411 of I.P.C., P.S.
Tajganj, District Agra.
(iii) Case Crime No. 280 of 2017, under Sections 392, 411 of I.P.C., P.S.
Hari Parwat, District Agra.
(iv) Case Crime No. 177 of 2017, under Sections 392, 411 of I.P.C., P.S.
Shahganj, District Agra.
(v) Case Crime No. 338 of 2016, under Section 393, I.P.C., P.S.
Etmaddaula, District Agra.
(vi) Case Crime No. 330 of 2025, under Sections 109(1), 3(5) of B.N.S., P.S.
Etmaddaula, District Agra.
(vii) Case Crime No. 237 of 2017, under Sections 392, 411, I.P.C., P.S.
Rakabganj, District Agra.
(viii) Case Crime No. 664 of 2016, under Section 2/3 of U.P. Gangsters and
NA528 No. 13243 of 2026
2
Anti-Social Activities (Prevention) Act, 1986, P.S. Shahganj, District Agra.
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. It is further submitted that applicant has been
implicated in all the cases on the basis of confessional statement, which is
irrelevant. It is further submitted that police authorities has no power to
record confessional statement. The applicant is languishing in jail since
28.1.2025 and his last bail application has been allowed on 27.2.2026.
In view of the facts and circumstances of the case, the court concerned is
directed to release the applicant in all the 8 cases after furnishing personal
bond of Rs. 1,00,000/- and two sureties of like amount to the satisfaction of
the court concerned, in the aforesaid cases.
With the aforesaid directions, the application stands disposed of finally.
April 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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