Rizwan v. State of U.P.
Case brief
What is this about?
The court granted bail to Rizwan in a criminal case under sections 302, 147, etc., IPC, relying on constitutional principles and the Dataram Singh precedent. Conditions for bail were outlined.
What did the court decide?
Release granted on personal bond and two sureties of Rs. Two Lakh each with specific undertakings regarding attendance and misuse of bail.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48399 of 2019
Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused persons namely Jabardeen and Irshad having similar role have been granted bail by a coordinate Bench of this Court vide orders dated 11.7.2019 passed in Crl. Misc. Bail Application No. 32898 and 30702 of 201, a copy of one of the said order has been annexed as Annexure-11 to the affidavit filed in support of bail application and another copy of the order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It is further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 9.1.2017, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant on grounds of constitutional mandate and parity given to co-accused.
Whether the applicant has no criminal history and possibility of fleeing away.
Whether the applicant can furnish personal bond and sureties for release on bail.
Parties & counsel
- applicant
Rizwan
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/48399/2019
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