Rizwan Ali vs State of U.P.

The present second bail application has been filed on behalf of the applicant in Case Crime No. 1053 of 2023, under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. It was submitted that the applicant is husband of the deceased and their marriage has taken place about two years prior to the incident. The allegations of dowry demand and harassment of deceased are false. At the time of incident, applicant was in Bengaluru and after receiving information regarding incident he has reached at the spot and he was present during the inquest proceeding. The incident took place on 16.10.2023 and after that deceased was taken to the hospital but she succumbed to burn injuries on 22.10.2023. There is no dying declaration of deceased.

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It is further submitted that first bail application of applicant was rejected by this Court vide order dated 30.08.2024 and after that statements of informant and other material witnesses have been recorded before the trial Court. In her examination-in-chief,

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BAIL No. 35876 of 2025

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PW-1 Sajidunnisha, who is mother of deceased, has made allegations against applicant but in her cross-examination she has clearly stated that her daughter (deceased) was not harassed on account of dowry and that applicant has not harassed the deceased. In her cross-examination, she has denied prosecution version. Similarly PW-2 Sadre Alam and PW-3 Sahre Alam, who are brothers of deceased, have not supported prosecution version and turned hostile. They have denied entire prosecution version. Referring to facts of the matter, it was submitted that the attending facts show that deceased has committed suicide by putting herself on fire. Alleged statement of deceased in the audio is wholly doubtful and the same has not been examined by any expert. Applicant has no criminal history and that he is in jail since 26.10.2023. There are number of witnesses, who are yet to be examined, and trial of the case is likely to take sufficient long time. Lastly, it was stated that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that first bail application of applicant has already been rejected on merits and deceased has suffered death due to burn injury.

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Considering submissions of learned counsel for the parties, statements of witnesses recorded before the trial Court and all attending facts and circumstances of the matter, without expressing any opinion on merits, a case for bail is made out.

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The bail application is allowed .

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

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i. The applicant shall not tamper with the evidence during the trial.

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ii. The applicant shall not pressurize/ intimidate any of the prosecution witness.

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iii. The applicant shall appear before the trial court on the date

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BAIL No. 35876 of 2025

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fixed, unless his personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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November 21, 2025 'SP'/-

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(Raj Beer Singh,J.)

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Rizwan Ali v. State of U.P.

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Rizwan Ali v. State of U.P.

Case brief

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