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2025 DAILYLAW 200013 (ALL)

RIZWAN KHAN ALIAS LULA ALIAS DUNDA v. STATE OF U.P.

BAIL/30066/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30066 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, 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 Khan Alias Lula Alias Dunda seeking enlargement on bail in Case Crime No. 56 of 2024, under Sections 307, 420, 467, 468, 471, 411 I.P.C. and Section 3/25 Arms Act, Police Station Kuthaund, District Jalaun, during the pendency of the trial before the Court below. 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 12.03.2024. Learned counsel for the applicant submits that he has criminal history of 24 cases in which he has been released on bail in some cases and in some cases he has been acquitted, which has been explained in paragraph no. 11 of affidavit filed in support of bail application. It is further argued that the applicant has no concerned with the alleged recovery. 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. Learned AGA has vehemently opposed the prayer for bail. 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 Khan Alias Lula Alias Dunda, Versus Counsel for Applicant(s) : Ansar Ahmad Counsel for Opposite Party(s) : G.A. Rizwan Khan Alias Lula Alias Dunda .....Applicant(s) State of U.P. .....Opposite Party(s) 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 14, 2025 Gss BAIL No. 30066 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad