Allowed

Rizwan v. State of U.P.

Allahabad HC27 May 2019BAIL/49438/2018

Case brief

AI extract

What is this about?

In a bail appeal under CrPC regarding offenses under Sections 308, 323, 504, and 506 IPC, the Court held that the case attracted Section 439 CrPC and found it a fit case for bail, releasing the applicant on personal bond and sureties with specific conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount with conditions against tampering, non-interference, and escape.

Rizwan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49438 of 2018

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Applicant :- Rizwan Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 392 of 2018 under Sections 308, 323, 504, 506 I.P.C. Police Station Bilari, District Moradabad.

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Learned counsel for the applicant submitted that it is a case of sudden provocation where the victim received four injuries. No specific role has been assigned to any of the accused as to who is the author of injury cause on head. There is material contradiction in the statement of injured witness as well as independent witnesses regarding weapons of assault. The applicant has been falsely implicated due to enmity with some ulterior motive. He has no previous criminal history. He is in jail since 26.10.2018 and if he is granted liberty, he will not misuse the same.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Rizwan involved in the aforesaid 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 with the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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He shall cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 27.5.2019 Ram Murti

Rizwan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rizwan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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