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HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Jagroop – Appellant
Versus
State of U.P. – Respondent
JUDGMENT
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rohit Shukla, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.774 of 2025, under Sections-229, 233, 237, 246, 318(2), 318(4), 338, 336(3), 340(2) of BNS , 2023, Police Station-Kasaya, District-Kushinagar, during the pendency of the trial.
3. This matter was heard on 12.01.2026. On that date, court passed the following order:
"Put up this case in the week commencing 27.1.2026 as fresh, enabling the learned A.G.A. to seek instructions regarding status of the investigation as well as the fact whether there is any bar that a person cannot be the surety in more than one cases if the value of his land or property is more than the sureties taken by him.
Learned A.G.A. will also seek instruction regarding the amount of surety furnished by the applicant and the total value of the land of the applicant adduced to furnish sureties in different case crime numbers.
On the next date, the I.O. of this case shall remain present before this Court along with the relevant recor
A person may provide sureties for multiple accused in different cases under BNS provisions, provided the property value exceeds the aggregate surety requirement.
The discretion of the court in accepting the same set of sureties in multiple cases and the emphasis on the competency and reliability of sureties.
(1) Excessive bail is no bail – To grant bail and thereafter to impose excessive and onerous conditions, is to take away with left hand what is given with right.(2) In case of multiple FIRs, Same set....
Point of Law : Surety Bond - surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond, it may be pointed out, has....
In multiple similar cases where bail granted but separate sureties impracticable, courts may permit common sureties to prevent substantive bail denial, upholding Article 21 absent flight risk.
The main legal point established in the judgment is that the right to statutory bail is a fundamental right and cannot be frustrated by unreasonable conditions. The sufficiency of sureties is not dep....
The court modified bail conditions to allow a single personal bond and two common sureties for multiple cases, recognizing the impracticality of separate sureties.
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