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2025 DAILYLAW 1487 (ALL)

RIZWAN v. STATE OF U.P. AND 3 OTHERS

BAIL/24607/2025 · 2026-04-01

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24607 of 2025 Court No. - 65 (Sr. No.95 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mahmudul Hasan, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.739 of 2024 (POCSO Session Trial No.126 of 2024), under Sections 137(2), 333, 352, 115(2), 70(1) BNS, 9(G)/10 POCSO Act and 3/5(1) of UP Unlawful Conversion of Religion Act, 2021, Police Station Baghpat, District Baghpat, during the pendency of trial. 4. Learned counsel submits that the case of the applicant is at better footing to co-accused, Waseem, who has been granted bail by the Co-ordinate Bench of this Court vide order dated 25.8.2025 in Criminal Misc. Bail Application No.44151 of 2024, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. There is no video recovered whatsoever. He is in jail since 1.9.2024 and will not misuse the liberty of bail. 5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him. Versus Counsel for Applicant(s) : Ghanshyam Yadav, Mahmudul Hasan, Mayank Yadav, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity. 7. Let the applicant- Rizwan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Vikas Verma BAIL No. 24607 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad