Allowed

Rizwan v. State of U.P.

Allahabad HC16 Oct 2023BAIL/43936/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Allahabad High Court, vide order dated 16.10.2023, allowed the bail of the applicant Rizwan, holding that he was falsely implicated as he was not named in the FIR and parity existed with a granted bail co-accused.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two heavy sureties each in the like amount.

Rizwan Vs State of U.P. — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:199932

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43936 of 2023

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Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 185 of 2023, under Sections 328, 379, 411, 420, 467, 468, 471 IPC, Police Station Baradari, District Bareilly, during the pendency of trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested after more than five months of the alleged incident alongwith four other persons and has been falsely implicated in the instant case. It is next contended that identically placed coaccused Tasleem has been granted bail by this Court in Criminal Misc. Bail Application No. 43008 of 2023 vide order dated 10.10.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 08.08.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the FIR. Identically placed co-accused Tasleem has been granted bail by this Court. Further, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on

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the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Rizwan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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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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Order Date :- 16.10.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA 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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