MOHD. RIZWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/7201/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45441 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7201 of 2025 Applicant :- Mohd. Rizwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ravi Shankar Mishra, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 96 of 2025, under Sections 191(2), 190, 191(3), 115(2), 352, 351(3), 333, 324(4), 310(2), 317(3) B.N.S, registered at Police Station Udaipur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.06.2025 at 09:53 hours against the named persons, including the applicant and 8-10 persons, stating that all the accused persons had attacked the informant's husband and family members at about 1:30 on 23.06.2025. The informant's husband had suffered grievous injuries in the incident. Elder brother of the informant's husband fired a gun shot with his licensed gun whereupon the accused persons ran away. 4. An F.I.R of the incident was lodged from the applicant's side by a co-accused Fateh Mohammad on 23.06.2025 itself at 19:33 hours against 12 persons, stating that the accused persons had beaten up and assaulted the persons from the applicant's side. Three persons had received a gun shot injury in the incident the applicant had suffered a fracture in his left hand. 5. The learned counsel for the applicant has submitted that as a counter blast action of the F.IR lodged by the applicant's side on 23.06.2025, the F.I.R in question has been lodged on 25.06.2025 concocting a false case. The applicant had suffered
a fracture in his left hand and three other person of his family members have received gun shot injuries in the incident. 6. The learned counsel for the applicant has submitted that a co- accused person, Meer Alam has been granted bail by means of an order dated 05.08.2025 passed by the this Court today in Criminal Misc. Bail Application No. 7196 of 2025. 7.
The learned A.G.A. has opposed the bail application and he has submitted that Rs.20,000/- cash, a pair of anklets and a gold chain has been recovered from an open place on the pointing out of the applicant. However, the recovery memo itself states that no independent person has witnessed the recovery. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the a similar situate co- accused person has already been granted bail, I am of the view that the applicant is also entitled to be granted bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mohd. Rizwan be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 5.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench