Riyaz Ahmed @ Chaudhary vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Heard Ms. Srishti Kushwaha, Advocate holding brief of Sri Mrityunjay Tiwari, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 0170 of 2025, under Sections 70(1), 87, 352, 351(3) & 308(5) B.N.S., Police Station Jethwara, District Pratapgarh.

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While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case.

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It is stated that co-accused namely Aateef Husain @ Aatif Husain Ansari has already been enlarged on bail by this Court vide order dated 18.12.2025 passed in Criminal Misc. Bail Application No.12820 of 2025. The relevant portion of the order dated 18.12.2025 passed in Criminal Misc. Bail Application No.12820 of 2025 reads as under:-

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"1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.170 of 2025, under Sections 70(1), 87, 352, 351(3), 308 (5) of BNS, Police Station Jethwara, District Pratapgarh.

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BAIL No. 252 of 2026

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3. In terms of the FIR, allegations were levelled that the daughter of the informant had gone out of home on 21.06.2025 where she met her friend and her brother and thereafter all of three had gone to the bridge of Loni River, where 7-8 persons had come and beaten them and subsequently, the daughter of the informant was taken to an isolated place and wrong was committed and video was also made. It was also alleged that threats were also extended for making the video viral. This fact was informed by the daughter on 28.07.2025. Subsequently, in the statement under Section 180 of BNSS, the victim disclosed her age as 18 years and stated that when she along with her two friends roaming to a bridge, 7-8 persons came and started beating her friend and the brother of her friend and some videos were made and subsequently, she was taken to a separate place and wrong was committed and video was also made. Somewhat similar statement was given under Section 183 of BNSS. The age of the victim is 18 years.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the fact that there is a substantial delay in lodging the FIR without any explanation and the fact that there is no recovery of any video, which is the foundation of the FIR even as per the learned A.G.A. coupled with the fact that the applicant is languishing in jail since 31.07.2025 and has criminal antecedents of one case, in which he is on bail, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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6. Let the applicant Aateef Husain @ Aatif Husain Ansari be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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It is further stated that the applicant, having no criminal history, is in judicial custody since 29.07.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from

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BAIL No. 252 of 2026

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the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

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Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused persons has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Riyaz Ahmad @ Chaudhary be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall cooperate with the prosecution during trial.

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(ii) The applicant shall not tamper with the evidence during trial.

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(iii) The applicant shall not pressurize/intimidate the prosecution witness(s).

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(iv) The applicant shall not commit an offence.

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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 him from disclosing such facts to the court or to any police

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BAIL No. 252 of 2026

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officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

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As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

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Application is disposed of.

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(Saurabh Lavania,J.)

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January 19, 2026

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Arti/-

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Riyaz Ahmed @ Chaudhary v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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Riyaz Ahmed @ Chaudhary v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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