Rihan v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of the accused in a criminal case under the BNS, 2023, noting a prima facie case and reasonable apprehension of tampering, subject to conditions.
What did the court decide?
Bail allowed on execution of personal bond and two reliable sureties, subject to conditions against tampering with evidence, witnesses, and engaging in criminal activity.
What the court decided
Neutral Citation No. - 2025:AHC:47861
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10863 of 2025
Applicant :- Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Supplementary affidavit explaining the criminal history has been taken on record.
Heard Mohammad Faisal Khan, learned counsel for the applicant, Shri Mithlesh Kumar, learned AGA for the State-respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Rihan, seeking enlargement on bail in Case Crime No. 22 of 2025, under Sections 190, 191 (2) (3), 109 (1), 115 (2), 352, 351 (2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kairana, District Shamli.
Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.1.2025 Learned counsel for the applicant submits that both the parties are aggressor party and at this stage, it cannot be ascertained which party was aggressor than other. The applicant was not present on the spot at the time of incident. Applicant was arrested after 14 days of the alleged incident. The applicant was named in the aforesaid case being a supporter of Pradhan side. He has seven cases of criminal antecedent, which has sufficiently been explained, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Issues for consideration
1 issue framed by the court
Whether the accused-applicant is entitled to bail in a case under the Bharatiya Nyaya Sanhita, 2023?
Parties & counsel
- applicant
Rihan
- respondent
State of U.P.
Coram
Ashutosh Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/10863/2025
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