Balached Court allowed a bail application filed by Mohd. Saleem Rizvi, ruling that he was a fit person for release since his co-accused had already received bail and there was no independent evidence against him.
The applicant is released on bail on furnishing a personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15673 of 2019
Applicant :- Mohd. Saleem Rizvi Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Mohammad Waseem, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 9.10.2018 (after eleven days of incident) against four accused persons, namely Sahar Fatma @ Sabika, Mohd. Saleem Rizvi, Babli rizvi and Sonu Rizvi alleging that on 28.9.2018, Safi Husain (husband of Sahar Fatma @ Sabika) and one suicide note was recovered from the possession of deceased stating therein that he committed suicide due to misbehaved of his wife Sahar Fatma @ Sabika and there is illicit relation between Sahar Fatma @ Sabika (wife of deceased) and Sonu Rizvi. Other accused persons also supported Sahar Fatma @ Sabika.
It is submitted by learned counsel for the applicant that coaccused namely Babli has already been granted bail by coordinate Bench of this Court vide order dated 1.4.2019 in Criminal Misc. Bail Application No. 13088 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. According to suicide note, main role was assigned to coaccused Sahar Fatma @ Sabika (wife of deceased) and Sonu Rizvi. The case of applicant is distinguishable from case of co-accused Sahar Fatma @ Sabika (wife of deceased) and Sonu Rizvi. There is no independent witness and no legal evidence against the applicant except suicide note of deceased. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.11.2018 (near about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for
the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Babli who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Mohd. Saleem Rizvi involved in Case Crime No. 484 of 2018, under Section 306 IPC, Police Station Hafeezganj, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.4.2019 A. Singh
2 issues framed by the court
Whether the applicant is entitled to be released on bail given his co-accused has been granted bail.
Whether the applicant is a fit person to be released on bail subject to certain conditions.
Mohd. Saleem Rizvi
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
