Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11980 of 2024 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. By means of this third bail application, applicant-Rizwan Mohammad Khan alias Rizwan, who is involved in Case Crime No. 144 of 2021, under Sections 370A(2), 342, 34, 506, 376-D of I.P.C., Sections 3, 4, 5, 6, 7(1)(a), 7(2)(b) of Immoral Traffic (Prevention) Act and Sections 5 and 6 of POCSO Act, Police Station Sector 24 Noida, District Gautam Budh Nagar, seeks enlargement on bail during the pendency of trial. First and second bail applications of the applicant were rejected by this Bench vide orders dated 08.09.2021 and 18.05.2023 in Criminal Misc. Bail Application Nos. 22563 of 2021 and 33922 of 2022 respectively. Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 28.02.2021, but till date his trial has not been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail. On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that on account of non cooperation of the accused persons before the trial court, their trial could not be concluded. However, after great efforts same has reached at the stage of final argument. Having heard learned counsel for the parties and examined the matter in its entirety, I find that vide order dated 24.07.2025 a report Versus Counsel for Applicant(s) : Bipin, Ray Sahab Yadav, Vibhav Srivastava Counsel for Opposite Party(s) : G.A. Rizwan Mohammad Khan Alias Rizwan .....Applicant(s) State of U.P. .....Opposite Party(s)
was called for from the concerned presiding officer with regard to present status of trial of the applicant, who in turn submitted the report dated 19.08.2025, which is on record. The relevant part of the said report is extracted herein below:-
"It is submitted that on 28.05.2025 statement of accused u/s 313 of Cr.P.C. has been recorded and case is posted for 09.06.2025 for Defence Evidence. On 19.06.2025 adjournment application has been moved on behalf of the Ld. Counsel representing the accused and after allowing the application the case was again posted for Defence Evidence on 19.06.2025.
On the 19.06.2025 except the accused Vipul, on behalf of the rest of the accused the list of defence witness has been provided and case is fixed for 08.07.2025 for defence evidence. On 08.07.2025 the statement of DW 01 Faujan & DW 02 Roshan has been recorded and an application u/s 315 of Cr.P.C. has been moved by the accused Rizwan which was allowed by this court and case was posted for 09.07.2025 for Defence Evidence. On 09.07.2025 an adjournment application has been moved by the accused Rizwan and case is posted for 10.07.2025 for defence evidence. On 10.07.2025 the statement of DW 03 Mohmd. Rizwan Khan was recorded and on application of the defence the right of the Defence Evidence was closed and case was posted for 16.07.2025 for arguments. On subsequent date 19.07.2025, 22.07.2025, 24.07.2025, 25.07.2025, 30.07.2025 & 06.08.2025 case was listed for arguments." In view of the aforesaid report, I find that it is not in dispute that the trial of the applicant is at the fag end, hence, I do not find any good ground to release the applicant on bail at this stage. Accordingly, the bail application is rejected. The trial court is directed to make an endeavour to conclude the trial of the applicant, expeditiously without granting any adjournment to either of the parties. Copy of this order be sent to the concerned trial court within two days for necessary information and compliance. September 24, 2025 Kashifa BAIL No. 11980 of 2024 2 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad