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2025 DAILYLAW 177076 (ALL)

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

BAIL/9142/2024 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9142 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.211 of 2023, under Sections 302, 394, 411, 413 IPC, Police Station Mahrajganj Tarai, District Balrampur. 3. In terms of the FIR, it was alleged that the mother of the informant had gone to the agricultural field on 05.11.2023 and did not return back. Subsequently, the mother was recovered and admitted in the hospital where she died during treatment on 06.11.2023. No one was named in the FIR. Subsequently, the applicant was linked with the offence in question based upon the recovery and the confessional statement. 4. The submission of the Counsel for the applicant is that the recovery is not in accordance with law and the confessional statement was under duress. The applicant is in custody since 24.11.2023. The applicant has two criminal cases prior to the offence in question, in which, the applicant is on bail. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the evidence to link the applicant to be prima facie weak and the applicant has suffered pretrial detention since Versus Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 24.11.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Rizwan be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 25, 2025 akverma BAIL No. 9142 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench