Mustaq Husain vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

Mustaq Husain vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant, such personal bond and sureties to hold good in the other four cases in which the applicant has been granted bail.

Issue for consideration

Whether the applicant, who has been granted bail in five criminal cases, can be directed to be allowed to submit only one personal bond and two sureties in lieu of separate bonds/sureties for each of the five cases.

Court's answer

The learned trial court is directed to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant, and such personal bond and sureties shall hold good in the other four cases in which the applicant has been granted bail.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16 (Hon'ble Brij Raj Singh, J.), disposed of Application U/S 528 BNSS No. - 587 of 2026 filed by Mustaq Husain against the State of U.P. The applicant, stated to belong to a very poor family and unable to manage ten persons as sureties before the trial court, sought a direction that, having been granted bail in five criminal cases of Police Station Beniganj, District Hardoi (Case Crime Nos. 480/2021 [34,307]; 481/2021, U/S-3/25 Arms act; 454/2025, 458/2025 and 463/2025, U/S-303(2) B.N.S.), he be allowed to furnish only one personal bond and two sureties for all five cases. Extending the benefit of the Hon'ble Supreme Court's direction in Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others (special leave to appeal Criminal No.8914- 8915 of 2018), where an accused in 31 cases was to be released on bail taking one personal bond and two sureties, the Court directed the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant, and held that such personal bond and sureties shall hold good in the other four cases in which the applicant has been granted bail. Decided February 17, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 587 of 2026

Mustaq Husain

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s)	: Anil Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.

The applicant has filed this application mainly with a prayer to direct the trial Court to allow the applicant to submit only a personal bond and two sureties in lieu of five cases, mentioned in the instant application as follows:

"i. Case Crime No.480/2021, 34,307 Police Station Beniganj District Hardoi;

ii. Case Crime No.481/2021, U/S-3/25 Arms act. Police Station Beniganj District Hardoi;

iii. Case Crime No. 454/2025, U/S-303(2) B.N.S. Police Station Beniganj District Hardoi;

iv. Case Crime No.458/2025, U/S-303 (2) B.N.S. Police Station Beniganj District Hardoi; and

v. Case Crime No.463/2025, U/S-303 (2) B.N.S. Police Station Beniganj District Hardoi."

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the aforesaid five cases and he has been granted bail in all these cases by the competent courts.

It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 10 persons for surety before the learned trial court.

NA528 No. 587 of 2026

2

The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.

A prayer has been made by the learned counsel for the applicant that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).

This application is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in the other four cases in which the applicant has been granted bail.

(Brij Raj Singh,J.)

February 17, 2026

A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench