Allahabad High Court
JITENDRA @ LUKKA @ LUKKA DONversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The two sureties and one personal bond filed in any one of the cases shall be deemed sufficient for granting bail in all the pending cases under Section 528 of the B.N.S.S.
Summary
The applicant, Jitendra @ Lukka @ Lukka Don, was incarcerated since 25‑12‑2024 on five separate criminal matters pending before the Bareilly courts. He sought bail under Section 528 of the B.N.S.S. but could not furnish the two sureties required in each case due to poverty. The applicant relied on a Supreme Court decision (Special Leave to Appeal (Crl.) No.8914‑8915/2018) which held that sureties posted in one case may suffice for other related cases. The High Court examined the precedent and the statutory provisions and directed that the two sureties and a single personal bond filed in any one of the cases shall be accepted for bail in all the pending cases. Consequently, the application was disposed, effectively granting bail to the applicant across all five matters.
Issues considered
- Whether sureties furnished in one criminal case can be deemed sufficient for bail in other pending cases under Section 528 of the B.N.S.S.
- Whether a single personal bond may be accepted for multiple cases pending against the same accused
Legislation cited
- Arms Act — s. 4/25
- B.N.S.S. — s. 103(1), 109, 309(6), 317(2), 61(2)
- U.P. Gangster Act — s. 2/3
Subjects
- bail
- surety
- Section 528
- multiple cases
- personal bond
- Supreme Court precedent
- poverty
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18380 of 2026
Jitendra @ Lukka @ Lukka Don
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hasan Parvej
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application under Section 528 B.N.S.S. has been filed with
a prayer to issue a direction to the court concerned to release the applicant
on bail on the basis of a personal bond and two sureties in following
cases:-
"(i). Case Crime No. 328 of 2024, under Sections 309(6) and 317(2) BNS, Police
Station Shergarh, District Bareilly
(ii). Case Crime No. 363 of 2024, under Section 4/25 of Arms Act and Sections 3(5),
109 BNS, Police Station Shergarh, District Bareilly
(iii). Case Crime No. 361 of 2024, under Sections 103(1), 309(6), 317(2) BNS, Police
Station Shergarh, District Bareilly
(iv). Case Crime No. 560 of 2024, under Sections 103(1), 309(6), 61(2), 317(2) BNS,
Police Station Shergarh, District Bareilly
(v). Case Crime No. 162 of 2025, under Sections 2/3 of U.P. Gangster Act, Police
Station Shergarh, District Bareilly"
3. Learned counsel for the applicant submits that the applicant has been
languishing in jail since 25.12.2024. He is a very poor person and he
cannot arrange two sureties in each case. The last bail order was passed in
NA528 No. 18380 of 2026
2
favour of the applicant on 10.4.2026 but he could not arrange two sureties
in each case, therefore, he has been languishing in jail.
4. Learned counsel for the applicant placed reliance on the order of the
Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.8914-
8915/2018 (Hani Nishad @ Mohammad Imran @ Vikky Vs. The
State of UP), wherein the Hon'ble Supreme Court disposed of the said
case directing that the sureties in one of the case shall be good enough for
sureties in all the cases.
5. Considering the submissions made at the bar and on perusal of the said
judgment, it is directed that the two sureties of one case shall be permitted
to act as sureties in all the aforesaid cases subject to furnishing of one
personal bond. The personal bond submitted by the applicant in one of the
case shall be accepted in all the aforesaid cases.
6. The application is disposed of.
(Vivek Kumar Singh,J.)
May 5, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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