Allowed

Rizwan @ Tonda v. State of U.P.

Allahabad HC22 Mar 2021BAIL/13312/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 13312 of 2021. The applicant, Rizwan @ Tonda, sought bail in a case under Sections 394 and 411 IPC. The court granted bail on personal bond and two sureties, noting parity with co-accused who were already released. Conditions were imposed regarding criminal activity, tampering with evidence, and pressuring witnesses.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions including no criminal activity and no interference with witnesses.

Rizwan @ Tonda Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13312 of 2021

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Applicant :- Rizwan @ Tonda Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Supplementary affidavit filed today by learned counsel for the applicant. The same is taken on record.

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Heard Ansar Ahmad, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant Rizwan @ Tonda with a prayer to enlarge him on bail in Case Crime No. 140 of 2020, under Sections 394, 411 I.P.C., Police Station Ayana, District Auraiya.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Rashid and another having similar role to that of applicant have already granted bail by this Court vide order dated 7.12.2020 passed in Criminal Misc. Bail Application No. 42275 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has not previous criminal history, he is not likely to abscond.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but conceded on point of parity.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Rizwan @ Tonda involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.

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Order Date :- 22.3.2021 PS

Rizwan @ Tonda v. State of U.P.

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Rizwan @ Tonda v. State of U.P.

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