Mukesh vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Mukesh vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the trial court to accept two securities of Rs. 50,000/- each together with a personal bond, and to release the applicant on bail.

Issue for consideration

Whether the applicant, who pleads penury and inability to furnish the two sureties for like amount fixed by the trial court, may be permitted to furnish only a personal bond of Rs 100000/ - waiving the surety condition or substituting one surety from his family - for release on bail during the pendency of the trial. +1 more

Court's answer

From the pleadings of the paper book, the Court found the applicant to be under tremendous financial crunch and not in a position to furnish the amount of sureties as fixed by the trial court.

Ratio / Principle

The application was disposed of with a direction to the trial court to accept two securities of Rs. 50,000/- each and a personal bond, and to release the applicant on bail.

Key takeaways

The Court stated that it is aware of the provision of Article 21 of the Constitution of India, in the context of the applicant's inability to furnish the sureties.obiter¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow), Court No. 16 - APPLICATION U/S 528 BNSS No. 1718 of 2026, Mukesh v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another; coram Shree Prakash Singh, J.; decided April 30, 2026. Applicant, on bail pending disposal of trial, pleaded that he was a penury person unable to furnish the two sureties for like amount fixed by the trial court, and prayed for permission to file a personal bond of Rs 100000/ with waiver of the surety condition (or a single surety from his family), or alternatively reduction of the surety amount to a reasonable figure. Counsel for the Narcotics Control Bureau opposed the matter but had no objection if the applicant failed to furnish sureties. Finding from the pleadings that the applicant was under tremendous financial crunch, and stating its awareness of Article 21 of the Constitution of India, the Court disposed of the application, directing the trial court to accept two securities of Rs. 50,000/- each and a personal bond to release the applicant on bail. References: Section 528 BNSS (application filed thereunder); Article 21, Constitution of India.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1718 of 2026

Mukesh

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
Counsel for Applicant(s) : Gaurav Tripathi, Mahesh Kumar Sharma
Counsel for Opposite Party(s) : G.A., Akhilesh Kumar Awasthi

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicant, Mr. Akhilesh Kumar Awasthi, learned counsel for opposite party no. 2, learned A.G.A. for the State.

The present application has been filed with the following main prayers:-

"(i) Issue an order or directions, directing the Addl Session Judge & Session Judge court no 11 Lucknow to permit the applicant to file the personal bond of amount of Rs 100000/ after waiving the conditions of two sureties for like amount or one of the surety of family of the applicant during the pending disposal of the trial.

(ii). Issue any other writ order or directions which this Hon'ble court may deem fit just and proper in the circumstances of the case be also awarded to the petitioner against the opposite parties."

The submission of learned counsel for the applicant is that the applicant is a penury person and he is not in a condition to furnish the sureties as fixed by the trial court. He submitted that the amount of the sureties may be reduced to the reasonable amount, by this Court.

Learned counsel appearing for the Narcotics Control Bureau though has opposed the matter, but has no objection if the applicant is failed to furnish the sureties.

Considering the submissions of counsel for the parties, it is apparent from the pleadings of the paper book that the applicant is under tremendous financial crunch and he is not in a position to furnish the amount of sureties as fixed by the trial court. This court is aware of the provision of Article 21 of the Constitution of India.

NA528 No. 1718 of 2026

2

Looking into the peculiar fact and circumstances of the case, the present application is hereby disposed of while directing the trial court to accept two securities of Rs. 50,000/- each and personal bond to release the applicant on bail.

April 30, 2026

Mayank

(Shree Prakash Singh,J.)

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench