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2025 DAILYLAW 171304 (ALL)

RIZWAN v. STATE OF U.P.

BAIL/34417/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34417 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Parth Shukla under the authority of Shri Vivek Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Rizwan, seeking enlargement on bail in Case Crime No. 693 of 2024, under Sections 109 (1), 3 (5), 318 (4), 336 (6), 338, 340 (2), 61 (2)A of the Bharatiya Nyaya Sanhita, 2023 and Section 3, 5,25, 27, 25 (8) of Arms Act, Police Station Kankarkheda, District Meerut. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.6.2025. Applicant was not apprehended from the spot. His name surfaced on the record on the basis of statement of co-accused Rohan. Learned counsel for the applicant submits that charge sheet in this case has already been filed on 1.9.2025 and cognizance thereof has been taken on 4.9.2025. Learned counsel for the applicant submits that co-accused Rohan has already been enlarged on bail by co-ordinate Bench of this Court on 18.3.2025 in Criminal Misc. Bail Application No. 45670 of 2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, Versus Counsel for Applicant(s) : Vivek Singh Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State of U.P. .....Opposite Party(s) but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rizwan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 Ravi Prakash BAIL No. 34417 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad