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2025 DAILYLAW 181819 (ALL)

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

BAIL/9215/2025 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9215 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by learned AGA for the State. 2. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the 3. The accused-applicant seeks bail in FIR/Case Crime No.55 of 2025 under Section 103(1), 85, 115(2), 351(3) BNS and Section 3/4 of DP Act, P.S.- Auraas, District- Unnao. 4. In terms of the FIR, it was alleged that all the six accused named in the FIR, who are the matrimonial family of the deceased, had killed the daughter of the informant who was married to the applicant, by making the entire incident look like an accident. It was stated that the relation in between the husband and wife was not cordial. Initially, the FIR was lodged under Sections 80 and 85 BNS. Subsequently, the same was amended by including Section 103(1) of BNS. The submission of learned counsel for the applicant is that the applicant was the driver of the truck and while he drove the truck, on account of the accident, the victim died. 5. Learned AGA has opposed the bail application. 6. Considering the fact that apart from the allegation levelled in the FIR, there is no material to suggest that the applicant had committed offence with mens rea. The applicant has two children aged about 5 and 1.5 years who are to be looked after, after the death of his wife coupled with the Versus Counsel for Applicant(s) : Himanshu Trigunait Counsel for Opposite Party(s) : G.A. Md. Rizwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) fact that the applicant is in judicial custody since 05.03.2025 having no criminal history, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Md. Rizwan be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 29, 2025 V. Sinha BAIL No. 9215 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench