Rizwan @ Rizwan Ali vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

Rizwan @ Rizwan Ali vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted under S. 438 Cr.P.C.; on arrest/appearance before the Trial Court the applicant is to be released on furnishing a personal bond and two solvent sureties of like amount, subject to five conditions imposed by this Court (availability for interrogation; no inducement, threat, promise or tampering with evidence; no departure from India without previous permission of the court; appearance before the trial court on each date fixed unless exempted; no pressurising/intimidating prosecution witnesses).

Issue for consideration

Whether the applicant, Rizwan @ Rizwan Ali, should be granted anticipatory bail in F.I.R./Case Crime No.128 of 2024 (Sections 420/406/411/465/467/468/471 IPC, P.S. Hathigaon, District Pratapgarh), given that Wajid Raza, to whom ten of the traced tractors were sold (three to the applicant), had already been granted anticipatory bail in the same case, while the State's counter affidavit discloses the applicant's involvement in one other criminal case in respect of which a closure report is said to have been submitted.

Court's answer

The facts of the case are sufficient to make out a case for granting anticipatory bail to the applicant on the ground of parity, Wajid Raza having already been granted anticipatory bail in the same case crime by a Co-ordinate Bench on 25.06.2025 in Crl. Misc. Anticipatory Bail Application No.704 of 2025.

Ratio / Principle

In the event of the applicant's arrest or appearance before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of the S.H.O./Court concerned, subject to the conditions that he make himself available for interrogation as and when required, not make any inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them nor tamper with the evidence, not leave India without the court's previous permission, appear before the trial court on each date fixed unless exempted, and not pressurise or intimidate the prosecution witness.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Anticipatory Bail Application No. 312 of 2025 (S. 438 Cr.P.C.) of Rizwan @ Rizwan Ali, sought in F.I.R./Case Crime No.128 of 2024 under Sections 420/406/411/465/467/468/471 I.P.C., Police Station Hathigaon, District Pratapgarh, ALLOWED on 23.09.2025 purely on the ground of parity: the F.I.R. of 23.06.2024 concerned named accused Umesh Kumar selling off a tractor taken on hire, investigation tracing three tractors sold to the applicant and ten to Wajid Raza, who had already been granted anticipatory bail in the same case by a Co-ordinate Bench on 25.06.2025 in Crl. Misc. Anticipatory Bail Application No.704 of 2025. One other criminal case involving the applicant, disclosed in the State's counter affidavit, was met by the applicant's rejoinder claiming submission of a closure report therein. Release directed on arrest/appearance before the Trial Court on a personal bond with two solvent sureties of like amount, subject to five imposed conditions.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 312 of 2025

Rizwan @ Rizwan Ali

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Sagar Singh, Mohd. Salman, Shri Ram Maurya Counsel for Opposite Party(s) : G.A. Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Sagar Singh, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State.

The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.128 of 2024 under Sections 420/406/411/465/467/468/471 I.P.C. registered at Police Station- Hathigaon, DistrictPratapgarh.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2024 against two persons, not including the applicant, stating that the named accused Umesh Kumar had taken the complainant's tractor on hire but he sold away the tractor. During investigation, it came to light that three tractors have been sold away to the applicant and 10 tractors have been sold to one Wajid Raza.

Wajid Raza has already been granted anticipatory bail

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in the present case by means of an order dated 25.06.2025 passed by a Co-ordinate Bench of this court in Crl. Misc. Anticipatory Bail Application No.704 of 2025.

The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet against co-accused persons.

The applicant's involvement in another criminal case has been disclosed in the counter affidavit.

The applicant has filed a rejoinder affidavit stating that a closure report has been submitted in that another case.

Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity.

In view of the above, the anticipatory bail application of the applicant is allowed . In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court :

(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

(ii) that 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

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police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court.

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

(v) that the applicant shall not pressurize/ intimidate the prosecution witness.

September 23, 2025 -Amit K-

(Subhash Vidyarthi,J.)

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench