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2025 DAILYLAW 56670 (ALL)

UZAIFA RIZVI v. STATE OF U.P. AND 3 OTHERS

BAIL/16637/2025 · 2025-05-15

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81015 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16637 of 2025 Applicant :- Uzaifa Rizvi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Ashish Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.76 of 2025, under Sections 61, 64, 316, 351(2), 351(3) B.N.S., Section 3/4 POCSO Act and 3(2)5 SC/ST Act, Police Station- Flawada, District- Meerut, during the pendency of trial. 4. As per prosecution story, the co-accused person Fardeen is stated to have given Rs.3000/- to the informant/victim for the treatment of her teeth, as such, subsequently he asked her to talk to the applicant and his brother Junaid also. 5. There are allegations that in the month of September, 2023 the co-accused person Fardeen had raped her and had taken certain photographs of her, whereby the applicant and co-accused persons Fardeen and Junaid had blackmailed her to make the said photographs viral on social media and had also demanded money from her. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one and half years and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident and also there is no recovery of any photographs whatsoever. The applicant is languishing in jail since 10.4.2025, having no criminal antecedent to his credit, and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay in institution of FIR and there being no medical corroboration of the incident coupled with the fact that there is no recovery of any photographs whatsoever, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Uzaifa Rizvi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 16.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad