Allowed

Rizwan Khan v. State of U.P.

Allahabad HC28 Sept 2022BAIL/43796/2022

Case brief

AI extract

What is this about?

Hon'ble Dr. Kaushal Jayendra Thaker, J. granted bail to Rizwan Khan in a criminal case under Sections 406, 420, and 506 IPC. The applicant, detained since 05.09.2022, was released on furnishing a personal bond and two local sureties, subject to conditions against tampering and criminal activity.

What did the court decide?

Released on bail subject to furnishing a personal bond and two local sureties, with conditions against appearing indictment and tampering with evidence.

Rizwan Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43796 of 2022

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Applicant :- Rizwan Khan Opposite Party :- State of U.P. Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri M.R. Khan, 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 Khan with a prayer to enlarge him on bail in Case Crime No. 305 of 2019, under Sections 406, 420, 506 I.P.C., Police Station Gorakhnath, District Gorakhpur.

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Learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the applicant has further submitted that entire allegation against the applicant is false and fabricated. Learned counsel for the applicant further submits that the informant has given several contradictory statement against the applicant to the Investigating Officer. He further submits that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 05.09.2022, hence, he is entitled to bail.

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

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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

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perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local 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, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 28.9.2022 PS

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Digitally signed by POOJA SHARMA Date: 2022.09.29 14:01:03 IST Reason: Location: High Court of Judicature at Allahabad

Rizwan Khan v. State of U.P.

Case brief

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What did the court decide?

Rizwan Khan v. State of U.P.

Case brief

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