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2025 DAILYLAW 176995 (ALL)

RIZWAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/11675/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11675 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in F.I.R./Case Crime No.522 of 2025, under Sections 127(2), 115(2), 351(3), 140(2), 303(2), 61(2) of B.N.S., 2023, Police Station- Mandiyaon, District- Lucknow. It has been submitted by learned counsel for the applicant that the applicant is not named in the FIR and even in the statement 180 BNSS of the complainant, he was not named. However, later on, he has been arrested by the police on the basis of false recovery of Rs.10,000/- and a mobile. The applicant has no criminal history. The co-accused Ajay Kumar Yadav has been enlarged on bail vide order passed in Bail No.11531 of 2025. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 01.09.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the Versus Counsel for Applicant(s) : Arvind Kumar Mishra, Barkha Kumari, Neha Chaurasia Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) applicant. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, bail order of co-accused, named above, and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant- Rizwan be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. Bail application is allowed on parity ground. December 5, 2025 kkb/ BAIL No. 11675 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench