Uttarakhand High Court
Kuldeep Nandrajog vs State Of Uttarakhand on 22 January, 2026
2026:UHC:623
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE SHRI JUSTICE ALOK MAHRA
Criminal Misc. Application No.2266 of 2025
Kuldeep Nandrajog. ...Applicant
Versus
State of Uttarakhand. ...Respondent
(Mr. Sharang Dhulia, Advocates for the applicant and Mr. Sandeep Sharma,
A.G.A. and Mr. Vikas Uniyal, Brief Holder for the State of Uttarakhand)
JUDGMENT
The present application has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to permit the Applicant to furnish common sureties in respect of all 120 cases, as mentioned in the relief clause of the Application, in which bail has already been granted by the court below but the Applicant could not be released since he could not arrange the separate sureties in each of the cases.
2. The brief facts of the case are that multiple FIRs have been lodged against the Applicant at Police Station Bahadrabad, District Haridwar, for offences under Sections 420, 120-B, 504, 506, 427 & 406 of the IPC. The total number of cases stands at 120. The Applicant contends that he is Director of the company, namely, M/s Octagon Builder and Promoters Private 2026:UHC:623 Limited, but he could not complete the project. Multiple F.I.R.s have been lodged against him, which are similar in nature.
3. It is submitted that the Applicant has been in judicial custody since long. In several of the said cases, he has been granted bail by the learned courts below. However, his release could not be secured as the orders require him to furnish two separate sureties in each case, which is practically impossible considering the large number of cases.
4. The Applicant applied for bail in all 120 cases, the reference of which has been given in the relief clause of the application, which are reproduced as below:-
Case Crime Police
S.NO Under Sections
Numbers Station
1 465 of 2023 420,120-B of IPC Bahadrabad,
District
2 277 of 2023 420,120-B of IPC Haridwar
3 306 of 2023 420,120-B of IPC
4 468 of 2023 420,120-B of IPC
5 168 of 2024 420,120-B of IPC
6 170 of 2024 420,120-B of IPC
7 169 of 2024 420,120-B of IPC
8 189 of 2024 420,120-B of IPC
9 172 of 2024 420,120-B of IPC
10 401 of 2023 420,120-B of IPC
11 563 of 2023 420,120-B of IPC
12 437 of 2023 420,120-B of IPC
13 451 of 2023 420,120-B of IPC
14 486 of 2023 420,120-B of IPC
15 438 of 2023 420,120-B of IPC
2
2026:UHC:623
16 459 of 2023 420,120-B of IPC
17 203 of 2024 420,120-B of IPC
18 202 of 2024 420,120-B of IPC
19 413 of 2023 420,120-B of IPC
20 497 of 2023 420,120-B of IPC
21 428 of 2023 420,120-B of IPC
22 442 of 2023 420,120-B of IPC
23 441 of 2023 420,120-B of IPC
24 495 of 2023 420,120-B of IPC
25 391 of 2023 420,120-B of IPC
26 491 of 2023 420,120-B of IPC
27 492 of 2023 420,120-B of IPC
28 496 of 2023 420,120-B of IPC
29 191 of 2024 420,120-B of IPC
30 223 of 2024 420,120-B of IPC
31 408 of 2023 420,120-B of IPC
32 404 of 2023 420,120-B of IPC
33 429 of 2023 420,120-B of IPC
34 419 of 2023 420,120-B of IPC
35 409 of 2023 420,120-B of IPC
36 426 of 2023 420,120-B of IPC
37 164 of 2024 420,120-B of IPC
38 425 of 2023 420,120-B of IPC
39 187 of 2024 420,120-B of IPC
40 181 of 2024 420,120-B of IPC
41 165 of 2024 420,120-B of IPC
42 498 of 2023 420,120-B of IPC
43 424 of 2023 420,120-B of IPC
420,120-B, 504, 506
44 456 of 2023
of IPC
45 453 of 2023 420,120-B of IPC
46 194 of 2023 420,120-B of IPC
47 499 of 2023 420,120-B of IPC
48 504 of 2023 420,120-B of IPC
3
2026:UHC:623
420,120-B, 504, 506
49 448 of 2023
of IPC
50 458 of 2023 420,120-B of IPC
51 454 of 2023 420,120-B of IPC
52 449 of 2023 420,120-B of IPC
53 161 of 2023 420,120-B of IPC
54 407 of 2023 420,120-B of IPC
55 490 of 2023 420,120-B of IPC
56 213 of 2023 420,427, 120-B of IPC 57 417 of 2023 420,120-B of IPC 58 487 of 2023 420,120-B of IPC 59 403 of 2023 420,120-B of IPC 60 423 of 2023 420,120-B of IPC 61 209 of 2024 420,120-B of IPC 62 488 of 2023 420,120-B of IPC 63 430 of 2023 420,120-B of IPC 64 412 of 2023 420,120-B of IPC 65 414 of 2023 420,120-B of IPC 66 415 of 2023 420,120-B of IPC 67 411 of 2023 420,120-B of IPC 68 236 of 2024 420,120-B of IPC 69 205 of 2024 420,120-B of IPC 70 505 of 2023 420,120-B of IPC 71 392 of 2023 420,120-B of IPC 72 221 of 2024 420,120-B of IPC 73 479 of 2023 420,120-B of IPC 74 139 of 2024 420,120-B of IPC 75 483 of 2023 420,120-B of IPC 76 452 of 2023 420,120-B of IPC 77 147 of 2024 420,120-B of IPC 78 416 of 2023 420,120-B of IPC 79 463 of 2023 420,120-B of IPC 80 410 of 2023 420,120-B of IPC 81 175 of 2024 420,120-B of IPC 82 494 of 2023 420,120-B of IPC 4 2026:UHC:623 83 201 of 2024 420,120-B of IPC 84 493 of 2023 420,120-B of IPC 85 197 of 2024 420,120-B of IPC 86 208 of 2024 420,120-B of IPC 87 173 of 2024 420,120-B of IPC 88 162 of 2024 420,120-B of IPC 89 199 of 2024 420,120-B of IPC 90 166 of 2024 420,120-B of IPC 91 174 of 2024 420,120-B of IPC 92 365 of 2018 420,120-B of IPC 93 101 of 2016 420,506,406 of IPC 94 281 of 2019 420 of IPC 95 273 of 2019 420 of IPC 96 177 of 2019 420 of IPC 97 377 of 2018 420 of IPC 98 409 of 2018 420, 406 of IPC 99 405 of 2018 420 of IPC 100 399 of 2018 420 of IPC 101 192 of 2024 420, 406 of IPC 102 337 of 2018 420,120-B of IPC 103 336 of 2018 420 of IPC 104 287 of 2018 420,406 of IPC 105 241 of 2018 420,406 of IPC 106 286 of 2018 420,406 of IPC 107 278 of 2018 420,406 of IPC 108 345 of 2018 420 of IPC 109 109 of 2018 420 of IPC 110 276 of 2018 420,406 of IPC 111 288 of 2018 420,406 of IPC 112 275 of 2019 420 of IPC 113 263 of 2018 420,406 of IPC 114 176 of 2019 420 of IPC 115 308 of 2018 420,406 of IPC 420, 406, 504, 506 of 116 179 of 2018 IPC 5 2026:UHC:623 117 175 of 2019 420 of IPC 118 274 of 2019 420 of IPC 119 333 of 2018 420 of IPC 120 284 of 2018 420, 406 of IPC
5. Learned counsel for the Applicant submits that, in similar circumstances, the Coordinate Benches of this Court has granted relief by permitting common sureties in Criminal Misc. Application No. C-528 No.226 of 2024 decided on 16.08.2024 and Criminal Misc. Application No.C-528 No.369 of 2025 decided on 25.03.2025.
6. Per contra, learned State counsel opposes the application on the ground that the satisfaction of sureties lies within the discretion of the trial court, and the informants in the individual cases should also be heard before any blanket relief is granted.
7. This Court considered the submissions of both sides and perused the record. It is evident that the Applicant is facing multiple prosecutions, all arising out of similar allegations of cheating in the name of providing land/plots. In most of these cases, he has been enlarged on bail, but his continued incarceration is solely due to his inability to furnish separate sureties in each case.
8. The Coordinate Benches of this Court, in previous orders dated 16.08.2024 and 25.03.2025 passed in the matter of co-accused, Anjali Tyagi, have granted similar relief, allowing the Applicant to furnish 6 2026:UHC:623 common sureties in multiple cases. The present matter stands on the same footing.
9. This Court is, therefore, confronted with the question as to whether, in such exceptional circumstances, the Applicant may be permitted to furnish a single set of sureties and personal bond to operate across all the FIRs in which bail has already been granted.
10. The provisions of Section 441 of the Code of Criminal Procedure govern the nature and sufficiency of bonds and sureties to be executed upon the grant of bail. The law empowers the Court to determine, in each case, what conditions would reasonably secure the presence of the accused at trial.
11. In the opinion of this Court, when bail has already been granted in each of the 120 FIRs, and there is no allegation of breach of conditions or flight risk, the continued incarceration of the Applicant solely for want of multiple sureties is neither procedurally necessary nor constitutionally tenable.
12. This Court is also mindful of recent judicial observations made by the Hon'ble Supreme Court in comparable contexts, particularly in Girish Gandhi v. State of Uttar Pradesh, (2024 INSC 617), where, in view of multiple prosecutions and the impossibility of furnishing distinct sureties in each case, the Hon'ble Apex Court permitted the accused to execute one personal bond and two common sureties per State, 7 2026:UHC:623 holding such a direction to be legally permissible, proportionate, and consistent with the mandate of Article 21 of the Constitution.
13. It has also been judicially recognised that when the substratum of allegations is common, the imposition of repetitive surety conditions may, in effect, operate as a denial of bail in substance, even where it has been formally granted.
14. In the present case, the multiplicity of FIRs appears to have created a procedural bottleneck, and not one rooted in any substantive apprehension of the Applicant's conduct.
15. In the interest of justice, to prevent undue hardship to the Applicant, and to secure his right to liberty, this Court deems it appropriate to allow this application.
17. The apprehension of abscondence raised by the State can be sufficiently addressed by imposing suitable conditions.
18. In view of the foregoing discussion, the present criminal misc. application is allowed, subject to the following conditions:
i. The Applicant shall furnish his current permanent address, along with valid proof thereof, to the satisfaction of the learned trial court and the investigating agency. He shall not change his residence without prior intimation to the trial court concerned.8
2026:UHC:623 ii. The learned courts below are directed to accept common sureties for the release of the Applicant in all the cases mentioned in the annexed list, wherein he has already been granted bail.
iii. The Applicant shall also provide a written undertaking to the effect that:
(a) He shall remain present before the Investigating Officer and the concerned courts as and when required;
(b) He shall not tamper with evidence or threaten or influence any witness;
(c) He shall not leave the country without prior leave of the competent court.
19. The Superintendent, District Jail, Haridwar, shall take all necessary steps for the Applicant's release upon acceptance of the consolidated bond and sureties, unless his custody is required in any other unconnected matter.
20. It is clarified that this direction is being issued as a matter of legal and procedural economy, considering the large number of FIRs arising from similar allegations, and shall not be treated as a precedent in any unrelated proceedings.
21. Let a copy of this order be circulated to the District Judge, Haridwar, and to all concerned Judicial Magistrates and courts for immediate compliance.
(ALOK MAHRA, J.) 22.01.2026 Arpan ARPAN Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.23 14:35:26 +05'30' 9