Rijwan vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 38302 of 2025

Rijwan

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Mohammed Shadan, Prem Krishna Singh	Mohd. Aslam,
Counsel for Opposite Party(s)	: G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Mohammed Shadan, learned counsel for the applicant, Sri Sushil Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.370 of 2023, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Nakur, District Saharanpur.

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Contention of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the present case. He further submitted that one base case referred to in the gang-chart, the applicant has been enlarged on bail. Copy of the bail order has been annexed at page 32-33 to the bail application. It has also been argued that the applicant is not involved in any antisocial activities and he has been falsely implicated. It is further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is in jail since 04.09.2025. The applicant has no other criminal history except the base case mentioned in the gang-chart. In case the applicant 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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BAIL No. 38302 of 2025

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2

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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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Let the applicant- Rijwan 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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BAIL No. 38302 of 2025

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3

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via 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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(Arun Kumar Singh Deshwal,J.)

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November 18, 2025 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Rijwan v. State of U.P.

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Rijwan v. State of U.P.

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