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2025 DAILYLAW 21251 (ALL)

RIZWAN @ RIJJU v. STATE OF U.P.

BAIL/7666/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31214 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7666 of 2025 Applicant :- Rizwan @ Rijju Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Sri S.K. Ojha, learned AGA-I 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 @ Rijju, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 109, 317(5) of the Bharatiya Nyaya Sanhita, 2023, Section 3/5/8 of Cow Slaughter Act & Section 3/25/27 of Arms Act, Police Station- Khalapar, District- Muzaffar Nagar. 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 25.01.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the confessional statement of the co-accused. It is an admitted case of prosecution that police personnel has not received any injury. Nothing incriminating has been recovered from the possession of the applicant. There is no independent witness of the alleged slaughtering incident. 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. 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 @ Rijju, 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. Order Date :- 5.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad