Allahabad High Court
ALISHERversusSTATE OF U.P.
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court ordered the release of the applicant on personal bond and two sureties of Rs.1,00,000 in each of the thirteen cases.
Summary
The applicant, Alisher, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking release on bail in thirteen pending cases relating to electricity theft and related offences. He alleged that the charges were based on a confessional statement before police, which he claimed was irrelevant, and that he was a poor person unable to furnish the required sureties. The applicant had been in custody since 19 November 2025 despite a bail order dated 3 April 2026. The court examined the adequacy of the bail conditions and the applicant's inability to provide two sureties for each case. It directed the concerned courts to release the applicant on a personal bond and two sureties of Rs.1,00,000 for each of the thirteen cases, in line with the existing bail orders. The application was consequently disposed of finally.
Issues considered
- Whether the applicant is entitled to bail in the thirteen cases under Section 528 of the Bharatiya Nagarik Suraksha Sanhita despite inability to furnish sureties.
- Whether the confessional statements recorded by police can be the sole basis for the charges.
- Whether a single bail order can be applied to multiple cases pending before the same court.
Legislation cited
- Arms Act — s. 28, 28-A, 3
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 112(2), 303(2), 317(2), 317(4), 317(5), 324(3), 3(5)
- Electricity Act — s. 136, 136(1)(c)
Subjects
- bail
- Section 528
- personal bond
- surety
- confessional statement
- electricity theft
- multiple cases
- release from custody
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18857 of 2026
Alisher
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Vijay Pratap Singh, learned counsel for the applicant and Sri Chavi Pal
Singh, learned A.G.A. for the State.
The present application under Section 528 of Bharatiya Nagarik Suraksha
Sanhita, has been filed to issue a direction to the court concerned is/ are to
release the applicants in 13 cases on a personal bond and two sureties which
are as follows:
(i) Case Crime No. 281 of 2025, under Sections 109(1) of B.N.S. and
Section 3/25/28 of Arms Act, P.S. Titavi, District Muzaffarnagar.
(ii) Case Crime No. 228 of 2025, under Sections 303(2), 112(2) of B.N.S.
and under Section 136 of Electricity Act, P.S. Titavi, District Muzaffarnagar.
(iii) Case Crime No. 295 of 2025, under Sections 303(2), 317(4), 317(2),
112(2) of B.N.S. and under Section 136 of Electricity Act, P.S. Bhopa,
District Muzaffarnagar.
(iv) Case Crime No. 116 of 2025, under Sections 303(2), 317(4), 112(2) of
B.N.S. and under Section 136 of Electricity Act, P.S. Ratanpurii, District
Muzaffarnagar.
(iv) Case Crime No. 140 of 2025, under Sections 303(2), 112(2) of B.N.S.
and under Section 136 of Electricity Act, P.S. Ratanpurii, District
Muzaffarnagar.
(v) Case Crime No. 140 of 2025, under Sections 303(2), 112(2) of B.N.S.
and under Section 136 of Electricity Act, P.S. Purkaji, District
NA528 No. 18857 of 2026
2
Muzaffarnagar.
(vi) Case Crime No. 234 of 2025, under Sections 303(2) of B.N.S. and under
Section 136 of Electricity Act, P.S. Chhapar, District Muzaffarnagar.
(vii) Case Crime No. 158 of 2025, under Sections 303(2), 112(2) of B.N.S.
and under Section 136 of Electricity Act, P.S. Purkaji, District
Muzaffarnagar.
(viii) Case Crime No. 182 of 2025, under Sections 303(2), 112(2) of B.N.S.
and under Section 136 of Electricity Act, P.S. Charthawal, District
Muzaffarnagar.
(ix) Case Crime No. 170 of 2025, under Sections 303(2), 317(4), 317(2),
112(2) of B.N.S. and under Section 136 of Electricity Act, P.S. Jasath,
District Muzaffarnagar.
(x) Case Crime No. 235 of 2025, under Sections 303(2), 317(4), 112(2) of
B.N.S. and under Section 136(1)(c) of Electricity Act, P.S. Titavi, District
Muzaffarnagar.
(xi) Case Crime No. 172 of 2025, under Sections 303(2), 324(3) 317(4),
112(2) of B.N.S. and under Section 136 of Electricity Act, P.S. Ratanpuri,
District Muzaffarnagar.
(xii) Case Crime No. 260 of 2025, under Section 109(1) of B.N.S. and under
Section 28 of Arms Act, P.S. Titavi, District Muzaffarnagar.
(xiii) Case Crime No. 279 of 2025, under Sections 109(1), 317(5), 3(5) of
B.N.S. and under Section 28-A of Arms Act, P.S. Titavi District
Muzaffarnagar.
Learned counsel for the applicant submits that the applicant is a poor person.
It is further submitted that all the 13 cases are related to theft of electricity
articles have been slapped against the applicant on the basis of confessional
statement before police which is irrelevant. Last bail order of the applicant
has been passed on 03.04.2026. It is further submitted that applicant is
languishing in jail since 19.11.2025. It is further submitted he has not able to
give two sureties in each cases and the case are related to one court.
In view of the facts and circumstances of the case, the court concerned is
directed to release the applicant in pursuance of the bail orders as annexed in
the aforesaid case crime numbers, after furnishing personal bonds and two
sureties of Rs. 1,00,000/- in aforesaid 13 cases in the like amount to the
NA528 No. 18857 of 2026
3
satisfaction of the court concerned.
With the aforesaid directions, the application stands disposed of finally.
May 7, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…