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2025 DAILYLAW 48291 (ALL)

RIZWAN AND ANOTHER v. STATE OF U.P.

NABAIL/3203/2025 · 2025-05-12

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77682 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3203 of 2025 Applicant :- Rizwan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.137 of 2017, under Sections - 147, 148, 323, 504, 506, 307, 316, 498A I.P.C. and Sections 3/4 of D.P. Act, Police Station- Jani, District-Meerut, during the pendency of trial. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. Applicant No.1 is brother-in- law and applicant no.2 is sister-in-law of the informant. The incident was alleged to have occurred on 09.8.2016 and 14.12.2016. The first information report was lodged on 12.3.2017. The delay is fatal to the prosecution case. No medical report of the informant/victim is available in the case diary. It is next contended that the applicants live separately at district Shamli. Vague and general allegations have been levelled against them. At this stage there is no credible evidence to link the applicants with the offence. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that the first information report was lodged belatedly, no medical report of the informant/victim is available in the case diary, vague and general allegations have been levelled against the applicants, at this stage there is no substantive evidence to link the applicants with the offence, investigation has been completed, charge sheet has been filed, the applicants had cooperated in the investigation, the applicants have been summoned by the concerned court, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Rizwan and Smt. Hina, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 13.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad