Rizwan v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56127 of 2022

Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

Hon'ble Ram Manohar Narayan Mishra,J.

Supplementary affidavit has been filed today and the same is taken on record.

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

It is submitted by learned counsel for the applicant that this is the second bail application. The first bail application was filed on behalf of applicant and co-accused Farhan, however, at the time of hearing of bail application, prayer for bail with regard to accused-applicant Rizwan was not pressed and prayer of accused Farhan was considered and he was enlarged on bail vide order dated 28.9.2022 of this Court.

It is further submitted that co-accused Gulam Husain @ Hitlar and Farhan, whose case stands at par with the applicant have already been released on bail vide orders dated 29.11.2022 and 28.9.2022 in their respective bail applications. A solitary case under Section 307 IPC and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, has been mentioned against the applicant in gang chart wherein he has already been enlarged on bail, copy of bail order is filed as annexure-4 to the affidavit filed in support of bail application. He has explained criminal history attributed to the applicant in supplementary affidavit and bail orders of all the six cases have been filed as Annexure-2 to the supplementary affidavit. It is further submitted that similarly placed co-accused Shamsher and Sahabuddin have also been granted bail by the co-ordinate Bench of this Court. It is also submitted that applicant is languishing in jail since 19.8.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.