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2025 DAILYLAW 172903 (ALL)

IKLAKH SIDDIQUI THRU. BEST FRIEND BROTHER MATEEN SIDDIQUI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

NA528/1956/2025 · 2025-12-03

Indrajeet Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1956 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J. 1. Heard learned Counsel for the applicant and learned A.G.A. for the State. 2. At the very outset, learned Counsel for the applicant submitted that inadvertently Section 482 Cr.P.C. has not been mentioned in the present petition and present petition be treated as petition under Section 482/483 Cr.P.C. 3. To the aforesaid, learned A.G.A. has no objection. 4. While pressing the present petition, learned Counsel for the applicant has submitted that applicant was arrested on 15.07.2025 in Case Crime No. 347 of 2025, under Sections 2(b), 2(b)(xi), 3(1) of Uttar Pradesh Gangster and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Gosaiganj, District Lucknow. Since then the applicant is in jail. 5. He further submitted that an application for bail bearing Criminal Misc. Bail Application No. 9269 of 2025 (Iklakh Siddiqui Vs. State of U.P.) was filed by the applicant and the coordinate bench of this Court has passed the order dated 24.09.2025, whereby the applicant was enlarged on bail. However, on account of condition(s) imposed in the bail order, till date, the applicant has not been released from the judicial custody. He further submitted that applicant is a poor person and prior to arrest, he was earning by carrying out labour work, as such he is not in a position to furnish a personal bond and two sureties of like amount. He further submitted that till date even the charges has not been framed by the concerned court. In support of his submission he has placed reliance upon paragraph no. 10 of the present petition. 6. He further submitted that considering the bail order dated 24.09.2025 and the fact that the applicant has not been released on bail till date, the indulgence of this Court is required. The prayer is to modify the condition(s) of bail order dated 24.09.2025. Versus Counsel for Applicant(s) : Mohammad Irfan Siddiqui Counsel for Opposite Party(s) : G.A. Iklakh Siddiqui Thru. Best Friend Brother Mateen Siddiqui .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 7. On the basis of material available on record, the learned AGA could not dispute the aforesaid aspect of the case, particularly that despite of order dated 24.09.2025 the applicant is in jail since 15.07.2025. 8. Considering the entirety of the facts as indicated hereinabove, the condition(s) mentioned in the bail order dated 24.09.2025 passed by the coordinate bench of this Court is modified only to the extent that the applicant shall furnish a personal bond of Rs. 10,000/- and one local surety of the like amount to the satisfaction of the court concerned. 9. With the aforesaid direction, the petition is disposed of finally. December 3, 2025 Pratima NA528 No. 1956 of 2025 2 (Indrajeet Shukla,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench