Allahabad High Court
Rizwan vs State Of U.P. on 18 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32383 of 2022 Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 0359 of 2022, under Sections 459, 411, 504 IPC, P.S. Kotwali, District Mainpuri.
Learned counsel for the applicant submits that the applicant has been falsely implicated in four criminal cases. In all the four cases he has been enlarged on bail.
It has further been stated in the affidavit that the co-accused person Kasim Ali alias Shekhu has already been granted bail by this Court vide order dated 08-08-2022 passed in Criminal Misc. Bail Application No.31483 of 2022.
It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, and he is in jail since 6.6.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
Per contra, the learned A.G.A. has opposed the prayer for grant of bail and submitted that there is recovery from the person of applicant, hence he can not claim parity of co-accused Kasim Ali alias Shekhu.
In this case the applicant has also been made accused under Section 459 IPC according to which whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with 1imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Learned counsel for the applicant submits that in this case no grievous hurt has been caused to anyone and no attempt to commit death or grievous hurt has been made, therefore, Section 459 IPC does not attract. Identification parade has not been made in proper manner by the investigating officer.
Having regard to the facts and circumstances of the case, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Rizwan be released on bail in Case Crime No. 0359 of 2022, under Sections 459, 411, 504 IPC, P.S. Kotwali, District Mainpuri on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
(v) The applicant shall appear before the S.H.O. of concerned police station on any one day of first week of every month till further order of this Court or the Trial Court.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 18.8.2022 Manish Tripathi