Shahzad @ Kala v. State of U.P.

Allahabad HC16 Oct 2025NA528/40533/2025

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What is this about?

Clubbing of bail bonds and sureties across multiple criminal cases; Section 528 BNSS; High Court of Judicature at Allahabad; Shahzad @ Kala v. State of U.P.; three criminal cases, District Bijnor; personal bond Rs. 50,000/- in each case crime number; two sureties of like amount in one case holding good in all cases; Supreme Court order dated 29.10.2018 in SLP (Crl.) No. 8915 of 2018 (Hani Nishad @ Mohammad Imran @ Vikky v. State of U.P.); A.G.A. concession; application disposed of on October 17, 2025.

What did the court decide?

Direction that, if the applicant has been granted bail in all the aforesaid cases, he shall execute a personal bond of Rs. 50,000/- in each case crime number and two sureties of the like amount in one case crime number, which shall hold good in the other case crime numbers also. ¶¶21

2. This application under Section 528 of BNSS has been filed to direct the court below to treat the personal bond and two sureties submitted on behalf of the applicant in one case which will be treated sufficient in respect of all the criminal cases mentioned in the chart given in the paragraph no. 7 of the affidavit.

3. Learned counsel for the applicant submitted that applicant applicant has been implicated in 3 cases by the police of District Bijnor, details of which are given in para 7 of the affidavit. It is further contended that in all the 3 cases the applicant has been enlarged on bail by the court concerned vide different orders. Learned counsel for applicant submits that since there are 3 criminal cases against the applicant it is impossible for him to submit separate sureties in each case in which he has been enlarged on bail. It is thus urged that in the interest of justice it may be directed that the sureties submitted by applicant for satisfaction of bail in one case crime number be directed to hold good in all the criminal cases. To lend legal support to his submission, he has relied upon the order dated 29.10.2018, passed by Apex Court in Special Leave to Appeal (Criminal) No. 8915 of 2018 (Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.). The Hon'ble Apex Court has given the following directions:

"Learned counsel for the petitioner submits that even though the court has granted bail to the petitioner, the petitioner is unable to execute the bail bonds because of the onerous conditions of bail imposed particularly the condition of producing 31 sureties.

Considering the submissions, the impugned order is modified to the extent that the petitioner shall execute a personal bond for Rs. 30,000/- (Rupees Thirty thousand only) and the same bond shall hold good for all 31 cases. There shall be two sureties who shall execute the bond for Rs. 30,000/- which bond shall hold good for all the 31 cases. It is clarified that the personal bond so executed by the petitioner and the bond so executed by the two sureties shall hold good for all the 31 cases. With these observations, the Special Leave Petitions are disposed of."

4. Learned A.G.A. conceded that if applicant is unable to file different sureties in 3 cases, then in view of the directions of the Hon'ble Apex Court, as noted above, the sureties submitted in one case crime number be directed to hold good in all other criminal cases.

5. In view of the facts and circumstances of the case and the directions issued by the Hon'ble Apex Court as noted herein above, it is provided that in case the applicant has been granted bail in all the aforesaid cases, the applicant shall execute a personal bond of Rs. 50,000/- in each case crime number and two sureties of the like amount in one case crime number, which shall hold good in other case crime numbers also.

Shahzad @ Kala v. State of U.P.

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Shahzad @ Kala v. State of U.P.

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