Allowed

Rizwan v. State of U.P.

Allahabad HC11 Apr 2023BAIL/14937/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad reviewed a bail application under Sections 302, 201, and 34 of IPC. Withdrawing no opinion on merits due to preponderant evidence or conviction likelihood, the bench granted bail solely on the ground of parity with a co-accused previously granted bail.

What did the court decide?

Released on bail on personal bond and two sureties subject to four conditions including not tampering with evidence and appearing before the trial court.

Rizwan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14937 of 2023

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Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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Heard Sri Shivajee Singh Sisodiya, learned counsel for the applicant as well as Sri J.B.S. Chauhan, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 146 of 2021, under Sections 302, 201, 34 of IPC, Police Station C.B. Ganj, District Bareilly, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Riyasat has already been enlarged on bail by another Bench of this Court vide order dated 27.03.2023 passed in Criminal Misc. Bail Application No. 12147 of 2023. The applicant is languishing in jail since 12.12.2022 and there is no likelihood of conviction in the matter as three prosecution witnesses have turned hostile. He further submitted that since the case of the applicant is at par with the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel has also stated that the criminal history assigned to the applicant has been explained in the supplementary affidavit filed today.

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The prayer for bail have been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,

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MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicant- Rizwan involved in aforementioned case crime number 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.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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v. 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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 11.4.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

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

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