Kausal Ali @ Tuttal @ Sajan Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Kausal Ali @ Tuttal @ Sajan Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with a direction that the applicant furnish fresh two sureties and a personal bond of Rs.50,000/- to the satisfaction of the Court concerned in one case, and that the same be considered by the Court concerned as sureties and bonds in the other case(s) for the purpose of releasing the applicant on bail.

Issue for consideration

Whether the applicant, enlarged on bail in four criminal cases but unable to manage separate sureties in all the cases due to poverty and financial crisis, may be permitted to be released on bail by furnishing only two sureties (with a personal bond) common to all the cases.

Court's answer

Keeping in view the submissions of learned counsel for the applicant, the factual argument, and the Supreme Court's judgment and order dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky v. The State of Uttar Pradesh (SLP(Crl.) Nos. 8914-8915/2018), ends of justice would be met if the applicant is directed to submit fresh two sureties and a personal bond of Rs.50,000/- to the satisfaction of the Court concerned in one case, and the same shall be considered by the Court concerned as sureties and bonds in the other case(s) for the purpose of releasing the applicant on bail.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.) | Application U/S 528 BNSS No. 35536 of 2025 | Decided September 23, 2025 | Kausal Ali @ Tuttal @ Sajan v. State of U.P.: The applicant, stated to have been enlarged on bail in four criminal cases (Case Crime Nos. 220, 20, 145 and 185 of 2025, Police Station G.R.P., District Kanpur Nagar, under Sections 304(2), 305(C) and 317(2) B.N.S.), pleaded inability to furnish separate sureties in each case owing to poverty and financial crisis. Relying on the Supreme Court judgment and order dated 29.10.2018 in Hani Nishad @ Mohammad Imran @ Vikky v. The State of Uttar Pradesh, Petition(s) for Special Leave to Appeal (Crl.) Nos. 8914-8915/2018, the Court held that ends of justice would be met if the applicant were directed to submit fresh two sureties and a personal bond of Rs.50,000/- to the satisfaction of the Court concerned in one case, the same to be considered by the Court concerned as sureties and bonds in the other case(s) for the purpose of releasing him on bail. The Learned A.G.A.'s objection that the offences were pending in different courts did not prevail. Application disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35536 of 2025

Kausal Ali @ Tuttal @ Sajan

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ankit Kumar Singh, Mohamad Maszood Counsel for Opposite Party(s) : G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Ankit Kumar Singh, learned counsel for the applicant and Ms. Seema Shukla, learned A.G.A. for the State.

It has been submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated by the concerned police in 4 cases. It has further been submitted that in all the cases bail application has been allowed by this Court/ court below but due to his poverty and financial crisis he is not able to manage separate sureties in all the cases. It has further been submitted that the applicant may be allowed to be released on bail only on two sureties in regard to all the cases.

Learned counsel further submitted that the applicant has been enlarged on bail in the following cases:

1. Case Crime No. 220 of 2025 Under sections 304(2), 317(2) B.N.S., Police Station G.R.P., District Kanpur Nagar.

2. Case Crime No. 20 of 2025, Under sections 305(C), 317(2) B.N.S., Police Station G.R.P., , District Kanpur Nagar.

3. Case Crime No. 145 of 2025, Under sections 305(C), 317(2) B.N.S., Police Station G.R.P., District Kanpur Nagar.

4. Case Crime No. 185 of 2025, Under sections 305(C), 317(2) of B.N.S., Police Station G.R.P., District Kanpur Nagar.

Learned A.G.A. vehemently opposed and submitted that all the offences against the applicant are pending in different courts and hence prayer of the

NA528 No. 35536 of 2025

2

applicant cannot be allowed.

Keeping in view the submission made by the learned counsel for the applicant as well as the factual argument and the judgment and order dated 29.10.2018 of Hon'ble Supreme Court in the case of Hani Nishad @ Mohammad Imran @ Vikky Vs. The State of Uttar Pradesh passed in Petition (s) for Special Leave to Appeal (Crl.) No(s). 8914-8915/2018, this Court is of the view that ends of justice would be met in case applicant is directed to submit fresh two sureties and a personal bond of Rs.50,000/- to the satisfaction of the Court concerned in one case and the same shall be considered by the Court concerned as sureties and bonds in other case(s) for the purpose of releasing the applicant on bail.

It is ordered accordingly.

With the aforesaid observations, the instant application U/s 528 BNSS is accordingly disposed of .

September 23, 2025 RKM

(Jitendra Kumar Sinha,J.)

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad