Allahabad High Court
KARAN JAATversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The Court held that the two sureties of one case shall be permitted to act as sureties in all the aforesaid cases, with a single personal bond.
Summary
The applicant, Karan Jaat, filed an application under Section 528 of the B.N.S.S. seeking bail in seven criminal cases pending before the Agra courts, arguing that he could not furnish separate sureties for each case due to poverty. He had been in custody since May 2023 and a prior bail order dated 30 January 2026 required two sureties per case, which he could not provide. Relying on the Supreme Court’s decision in SLP (Crl.) No.8914‑8915/2018 (Hani Nishad v. State of UP), the applicant contended that sureties posted in one case should suffice for all. The High Court examined the submissions and the precedent, and directed that the two sureties posted in any one of the cases may be treated as sureties for all the listed cases, subject to a single personal bond. Consequently, the application was disposed, effectively granting the bail direction sought.
Issues considered
- Whether the two sureties required under Section 528 B.N.S.S. for bail in each case can be satisfied by the same sureties across multiple pending criminal cases.
Legislation cited
- Arms Act — s. 3/25
- B.N.S.S. — s. 528
- Indian Penal Code — s. 120-B, 216-A, 394, 411, 414
- U.P. Gangster Act — s. 2/3
Subjects
- bail
- surety
- Section 528
- multiple cases
- personal bond
- Supreme Court precedent
- poverty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8164 of 2026
Karan Jaat
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipin Chandra Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 81
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. 543 of 2021, under Sections 394, 411, 120-B, 216-A IPC, Police
Station Sikandra, District Agra
(ii) Case Crime No. 544 of 2021, under Sections 394, 411 IPC, Police Station
Sikandra, District Agra
(iii) Case Crime No. 560 of 2021, under Sections 3/25 of Arms Act, Police Station
Sikandra, District Agra
(iv) Case Crime No. 564 of 2021, under Section 414 IPC, Police Station Sikandra,
District Agra
(v) Case Crime No. 565 of 2021, under Section 414 IPC, Police Station Sikandra,
District Agra
(vi) Case Crime No. 574 of 2021, under Section 3/25 of Arms Act, Police Station
Sikandra, District Agra
NA528 No. 8164 of 2026
2
(vii) Case Crime No. 234 of 2022, under Section 2/3 of U.P. Gangster Act, Police
Station Sikandra, District Agra"
3. Learned counsel for the applicant submits that the applicant has been
languishing in jail since 1.5.2023. 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 30.1.2026 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.)
March 18, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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