Allowed

Rizwan v. State of U.P.

Allahabad HC11 Feb 2025BAIL/1118/2025

Case brief

AI extract

What is this about?

Second bail application for murder and house-trespass charges arising from the death of the applicant's aunt. Bail granted on parity with the father co-accused already released by a coordinate bench and considering three years of custody without criminal history.

What did the court decide?

Applicant Rizwan released on bail on personal bond and two sureties, subject to conditions regarding trial attendance, non-tampering and no anti-social activity.

Rizwan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:20137

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1118 of 2025

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Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Abhishek Mayank Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed on behalf of the applicant in the Court is taken on record.

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Heard Sri Abhishek Srivastava, learned counsel for the applicant and Sri Dharmraj Pal, learned A.G.A. for the State-respondent.

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The instant second bail application has been filed seeking release of the applicant on bail in Sessions Trial No.2947 of 2022 arising out of Case Crime No.101 of 2022, under Sections 302 and 452 IPC, Police Station Khurja Dehat, District Bulandshahar, during pendency of the trial.

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Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed after considering the fact that he alongwith his father committed the murder of his bua but after rejection of the first bail application of the applicant, bail application of father of the applicant namely Jahir has been allowed by Co-ordinate Bench of this Court vide order dated 18.03.2024 passed in Criminal Misc. Bail Application No.20019 of 2023 and on merit, case of applicant is at par with him.

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He further submits that applicant is having no criminal history and he is in jail since 13.04.2022i.e. for last almost three years.

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Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard both the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of

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the applicant and his first bail application has been dismissed after considering the fact that he alongwith his father i.e. co-accused Jahir committed the murder of the deceased but it reflects, after rejection of the first bail application of the applicant, bail application of the father of the applicant namely Jahir has been allowed by Co-ordinate Bench of this Court vide order dated 18.03.2024 and on merit, case of applicant is at par with him.

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Further, applicant is having no criminal history and he is in jail since 13.04.2022i.e. for last almost three years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rizwan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 11.2.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Rizwan v. State of U.P.

Case brief

What is this about?

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Rizwan v. State of U.P.

Case brief

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