Allahabad High Court
RIZWANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Rizwan on the ground of parity with the co‑accused.
Summary
Rizwan applied for bail in a criminal case (Crime No.53 of 2025) involving offences under Sections 137(2), 70(2), 115(2), 351(3) of the BNS Act and Sections 5G/6 of the POCSO Act. He has been in custody since 6 March 2026. The applicant argued that a co‑accused, Yameen, who faced identical charges, had already been released on bail in a similar application (Criminal Misc. Bail Application No.30542 of 2026), and therefore Rizwan should be granted bail on the basis of parity. The State opposed the bail but did not dispute the factual parity. The Court, after considering the circumstances, held that Rizwan had made out a case for bail and granted it on the ground of parity, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to Rizwan on the basis of parity with a similarly situated co‑accused who has already been released on bail
- Whether the conditions of the offence and the applicant's personal circumstances justify the grant of bail
Legislation cited
Subjects
- bail
- parity
- criminal procedure
- POCSO
- co‑accused
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15286 of 2026
Rizwan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri,
Sr. Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.33 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the
informant has been served on 27.4.2026.
2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Ms. Samra
Ushmani, learned counsel for the applicant, Sri Arun Kumar Mishra, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.53 of 2025, under Sections 137(2),
70(2), 115(2), 351(3) BNS and 5G/6 POCSO Act, Police Station Phugana,
District Muzaffarnagar, during the pendency of trial.
4. Learned Senior counsel for the applicant submits that similarly placed co-
accused, Yameen, has been granted bail by this Court vide order dated
24.3.2026 in Criminal Misc. Bail Application No.30542 of 2026, hence, the
applicant, having an identical role and no criminal history, is entitled to bail
on parity. He is in jail since 6.3.2026 and will not misuse the liberty of bail.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
However, the aforesaid factual aspect of the parity to the co-accused has not
been disputed by him.
6. Considering the facts and circumstances of the case and taking into
consideration the fact that similarly placed co-accused person has already
been enlarged on bail, prima facie, the Court is of the view that the applicant
BAIL No. 15286 of 2026
2
has made out a case for bail. The bail application is allowed on the ground of
parity.
7. Let the applicant- Rizwan, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 6, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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