Riyaz Ahamad Alias Riyaj Ali Vs State of U.P.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 210 of 2025, under Sections 152 BNS, Police Station- Meja, District Prayagraj.

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Contention of learned counsel for the applicant is that in the FIR, the allegation against the applicant is that he has shared objectionable video showing support to Pakistan Military. It is further submitted that the Police, after concluding the investigation, deleted the Section 66 IT Act, therefore, the offence does not fall within the scope of Section 152 BNS. It is further submitted that no preliminary inquiry has been made regarding post of social media before invoking the Section 152 BNS as per the Apex Court in the case of Imran Pratapgadhi vs State of Gujarat and another; 2025 SCC OnLine SC 678. It is further submitted that charge sheet has been filed, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 01.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the Apex Court in the case of Imran Pratapgadhi case (supra) has observed that before invoking the Section 152 of BNS for social media post, preliminary inquiry is must; charge sheet has been filed; the applicant has no criminal history and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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BAIL No. 24629 of 2025

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Let the applicant- Riyaz Ahamad @ Riyaj Ali involved in the aforementioned crime be released on bail, on his 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 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 police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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October 28, 2025 A.Kr.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Riyaz Ahamad Alias Riyaj Ali v. State of U.P.

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