Iklakh Siddique @ Iklakh Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

Iklakh Siddique @ Iklakh Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Permission to furnish one set of two sureties of Rs. 50,000/- each and a personal bail bond of the same amount in Case Crime nos. 565/2024 and 654/2024, which shall be held good in the remaining cases registered against the applicant; applicant to be released on bail on those sureties.

Issue for consideration

Whether the applicant, who has been granted bail in six pending cases with a condition in each of two sureties of Rs. 50,000/- each plus a personal bond of the same amount, may be permitted to furnish one set of sureties/personal bond that will hold good across all the cases in which he has been implicated, given his claimed indigence.

Court's answer

Considering the observations of the Apex Court in Hani Nishad and of this Court in Shivam Gupta and Dr. Abhishek Yadav, the application is allowed with the direction that if the applicant furnishes two sureties of Rs. 50,000/- each and a personal bail bond of the same amount in Case Crime no. 565/2024 and likewise in Case Crime no. 654/2024, the same shall be held good in the rest of the cases registered against him, and he shall be released on bail on those sureties.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Kumar, J.), order dated 04.04.2025 in Application U/S 482 No. 2818 of 2025: applicant Iklakh Siddique @ Iklakh, already on bail in six Lucknow cases (Crime Nos. 565/2024 under Ss.305(c), 317(c), 318(2) BNS; 654/2024, 517/2024 and 518/2024 under Ss.305(c), 317(2) BNS; 452/2024 and 477/2024 under S.305(c) BNS) with a condition in each case of two sureties of Rs. 50,000/- each plus a personal bond of the same amount, pleaded indigence and sought leave to furnish one set of sureties across all the cases. Considering the Apex Court's observations in Hani Nishad @ Mohammad Imran @ Vikky v. State of U.P. and this Court's decisions in Shivam Gupta @ Shubham @ Lavi and Dr. Abhishek Yadav, the Court allowed the application under S. 482 Cr.P.C. read with S. 528 BNSS and directed that two sureties of Rs. 50,000/- each and a personal bail bond furnished in Case Crime nos. 565/2024 and 654/2024 shall be held good in the rest of the cases registered against the applicant, on whose basis he is to be released on bail.

Neutral Citation No. - 2025:AHC-LKO:19021

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2818 of 2025

Applicant :- Iklakh Siddique @ Iklakh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Neeraj Rastogi,Sudhaker Prakash Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant to permit him to submit one surety in all the cases in which he was roped in.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in six cases. He has next submitted that in all the cases registered against the applicant, he has been granted bail by the court concerned, the details of are as under :

(i) Case Crime no. 565/2024, U/s 305(c), 317(c), 318(2) B.N.S., P.S. Gosaiganj, District - Lucknow, in which the bail was granted on 11.03.2025 by learned Additional District and Sessions Judge, Court No. 18, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount.

(ii) Case Crime no. 654/2024, U/s 305(c), 317 (2) B.N.S., P.S. Sushant Golf City, District - Lucknow, in which the bail was granted on 12.03.2025 by learned Special Judge, P.C Act V, Lucknow/Additional Sessions Judge Lucknow with two sureties of Rs.50,000/- each and a personal bond of the same amount.

(iii) Case Crime no. 517/2024, U/s 305(c), 317 (2) B.N.S., P.S. Sarojini Nagar, District - Lucknow, in which the bail was granted on 09.01.2025 by learned Judicial Magistrate, IIIrd, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount.

(iv) Case Crime no. 518/2024, U/s 305 (c), 317(2) B.N.S., P.S. Sarojini Nagar, District - Lucknow, in which the bail was granted on 09.01.2025 by learned Judicial Magistrate, IIIrd, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount.

(v) Case Crime no. 452/2024, U/s 305 (c) B.N.S., P.S. Sarojini Nagar, District - Lucknow, in which the bail was granted on 09.01.2025 by learned Judicial Magistrate, IIIrd, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount.

(vi) Case Crime no. 477/2024, U/s 305 (c) B.N.S, P.S. Sarojini Nagar, District - Lucknow, in which the bail was granted on 09.01.2025 by learned Judicial Magistrate, IIIrd, Lucknow with two sureties of Rs. 50,000/- each and a personal bond of the same amount.

He has further submitted that the applicant is a very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders.

Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P.

Learned A.G.A. submits that he does not want to file any counter affidavit.

Considering the observations made by the Hon'ble Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) and also the observations made by this Court in the case of Shivam Gupta @ Shubham @ Lavi vs. State of U.P . through Secretary Home Civil Sectt. Lko (Application U/S 482 No.466 of 2024) as well as in Dr. Abhishek Yadav vs. State of U.P. (Application U/S 482 No.18948 of 2023) , the present application is allowed with a direction that in case the applicant provides two sureties of Rs.50,000/- each and a personal bail bond of the same amount in Case Crime no. 565/2024, U/s 305(c), 317(c), 318(2) B.N.S., P.S. Gosaiganj, District - Lucknow and two sureties of Rs.50,000/- each and a personal bail bond of the same amount in Case Crime no. 654/2024, U/s 305(c), 317 (2) B.N.S., P.S. Sushant Golf City, District - Lucknow, then the same shall be held good in rest of the cases registered against the applicant, as mentioned above, and the applicant shall be released on bail on those sureties.

Order Date :- 4.4.2025 DiVYa

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