Riyaz Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30046 of 2025

Riyaz

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Farid Ahmad, Jawad Tariq, Kamlesh Kumar Dwivedi, Mayank Yadav Counsel for Opposite Party(s) : G.A., Praveen Kumar

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant, Sri Praveen Kumar, learned counsel for the first informant and Sri Rakesh Kumar Mishra, 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 in Case Crime No. 63 of 2025, under Sections103(1), 61(2), 238(Ka) of BNS, Police Station-Asmoli, DistrictSambhal, during the pendency of the trial.

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Contention of learned counsel for the applicant is that in the FIR, general allegation has been made against the applicant and two other co-accused persons. However, in the statement of the first informant, he made allegation that the co-accused, Zeeshan was pressurizing the deceased for marriage and subsequently, the accused persons had thrown the deceased from the roof top and thereafter, informed the first informant and on reaching the hospital, he found that the deceased was in ICU. It is further submitted that applicant has no motive to kill the deceased as is clear from the statements of the first informant as well as other staff nurse Gudia and Neetu and the motive has been assigned to the co-accused, Zeeshan and both of them also quarreled on some issue on the date of incident. It is further submitted that it is the case of accidental falling, deceased fell down from the stairs and received injuries and also submitted that the

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BAIL No. 30046 of 2025

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postmortem report of the deceased shows that he received one injury on head and three other injuries on non-vital part. Therefore, one head injury is found to be fatal. Therefore, applicant is entitled to be released on bail. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 18.03.2025. 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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Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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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 the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 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- Riyaz, 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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BAIL No. 30046 of 2025

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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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Verification of Aadhaar card as well as mobile number of the applicant and sureties should also be conducted by the court concerned.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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 further 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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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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April 15, 2026 S.C.

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Riyaz v. State of U.P.

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Riyaz v. State of U.P.

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