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2025 DAILYLAW 23479 (ALL)

RAYYAN ALIAS AMAN RABBANI v. STATE OF U.P. AND 3 OTHERS

BAIL/7173/2025 · 2025-08-11

Santosh Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137047 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7173 of 2025 Applicant :- Rayyan Alias Aman Rabbani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- A.C.Srivastava,Anay Kumar Srivastava,Vinod Kumar Tripathi Counsel for Opposite Party :- G.A.,Yogesh Kumar Mishra Hon'ble Santosh Rai,J. 1. Rejoinder affidavit filed today in Court on behalf of applicant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State-respondents and perused the record. 3. This bail application has been moved on behalf of accused- applicant, Rayyan Alias Aman Rabbani seeking enlargement on bail in Case Crime No.292 of 2024, under Sections 137(2), 115(2) B.N.S. and Section 16/17 POCSO Act, Police Station- Nauchandi, District- Meerut. 4. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 7.2.2025. It is submitted that three accused namely, Pappu, Uzaif and Rayyan @ Aman Rabbani have been named in the first information report and there is general allegation in the FIR that all the accused persons have committed rape to the daughter of complainant. It is further submitted that co-accused Sakib @ Pappu has been assigned the main role in committing the offence in the statement of the complainant recorded under Section 183 B.N.S.S. It is argued that the victim in her statement under Section 183 B.N.S.S. has specifically named accused Sakib @ Pappu only and has not stated the role of accused appellant Rayyan @ Aman Rabbani in committing the offence of rape upon her. It is further argued that accused appellant 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. 5. Learned AGA as well as learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail and admitted that as per the statement under Section 183 B.N.S.S. no specific role has been assigned to the accused appellant. 6. Considering the fact that the accused appellant is in jail since 7.2.2025; has no criminal history; accused appellant has not been specifically assigned the role of committing the offence of rape in the statement of the victim recorded under Section 183 B.N.S.S.; co-accused Sakib @ Pappu has been assigned the main role in committing the offence of rape in the statement of the victim recorded under Section 183 B.N.S.S. as also the 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rayyan Alias Aman Rabbani 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 12.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad