Allahabad High Court
ASHISHversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The Court held that two sureties posted in one case may be used as sureties for all the pending cases, and a single personal bond is sufficient.
Summary
The applicant, Ashish, filed an application under Section 528 of the B.N.S.S. seeking bail in two criminal matters pending before the Budhana police stations. He had been incarcerated since 9 April 2026 and was unable to furnish two separate sureties for each case due to poverty. The applicant relied on a Supreme Court decision in Special Leave to Appeal (Crl.) No.8914‑8915/2018 (Hani Nishad v. State of UP), which held that sureties posted in one case could suffice for other related cases. The High Court examined this precedent and directed that the two sureties already posted in one case may be treated as sureties for both cases, provided a single personal bond is filed. Consequently, the court ordered the release of the applicant on bail on the basis of the shared sureties and personal bond, and disposed of the application.
Issues considered
- Whether sureties furnished in one criminal case can be deemed sufficient for bail in other pending cases under Section 528 B.N.S.S.
- Whether a single personal bond can be accepted for multiple bail applications.
Legislation cited
- B.N.S.S. — s. 528
- U.P. Gangster and Anti Social Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- sureties
- Section 528
- multiple cases
- Supreme Court precedent
- personal bond
- Uttar Pradesh criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19794 of 2026
Ashish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
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. 46 of 2025, under Sections 140(1), 103(1), 238, 64(1), 70(1),
61(2A) BNS, Police Station Budhana, District Muzaffar Nagar
(ii). Case Crime No. 144 of 2026, under Section 2/3 of U.P. Gangster and Anti Social
Activities (Prevention) Act, Police Station Budhana, District Muzaffar Nagar."
3. Learned counsel for the applicant submits that the applicant has been
languishing in jail since 9.4.2026. He is a very poor person and he cannot
arrange two sureties in each case. The last bail order was passed in favour
of the applicant on 30.4.2026 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
NA528 No. 19794 of 2026
2
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 14, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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