Allahabad High Court
RIZWANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail must be granted on the ground of parity with the co‑accused who was released on bail.
Summary
The High Court considered a bail application filed by Rizwan, who is charged under multiple provisions of the POCSO Act and the Uttar Pradesh Unlawful Conversion of Religion Act, 2021. Rizwan has been in custody since September 1, 2024 and seeks bail on the ground of parity with a co‑accused, Waseem, who was earlier released on bail. The State opposed the bail but did not dispute the parity argument. Relying on precedents that emphasize equality among co‑accused and the absence of incriminating video evidence, the Court held that bail should be granted. Rizwan was ordered to be released on personal bond and two sureties, subject to conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The Court warned that breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused on the ground of parity with a co‑accused who has been released on bail
- Whether the nature of offences under the POCSO Act and the UP Unlawful Conversion of Religion Act preclude bail
- Whether the absence of video evidence influences the bail decision
- Whether the conditions imposed are sufficient to safeguard the trial
Legislation cited
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 115(2), 137(2), 333, 352, 70(1) BNS, 9(G)
- Uttar Pradesh Unlawful Conversion of Religion Act, 2021 — s. 3, 5(1)
Subjects
- bail
- parity
- POCSO Act
- unlawful conversion of religion
- criminal procedure
- surety
- no video evidence
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24607 of 2025
Rizwan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ghanshyam Yadav, Mahmudul Hasan,
Mayank Yadav, Vivek Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.95 out of 262)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mahmudul Hasan, learned counsel for the applicant, Sri Sunil
Kumar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.739 of 2024 (POCSO Session
Trial No.126 of 2024), under Sections 137(2), 333, 352, 115(2), 70(1) BNS,
9(G)/10 POCSO Act and 3/5(1) of UP Unlawful Conversion of Religion
Act, 2021, Police Station Baghpat, District Baghpat, during the pendency of
trial.
4. Learned counsel submits that the case of the applicant is at better footing
to co-accused, Waseem, who has been granted bail by the Co-ordinate
Bench of this Court vide order dated 25.8.2025 in Criminal Misc. Bail
Application No.44151 of 2024, hence, the applicant, having an identical role
and no criminal history, is entitled to bail on parity. There is no video
recovered whatsoever. He is in jail since 1.9.2024 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.
BAIL No. 24607 of 2025
2
6. Considering the facts and circumstances of the case and in light of the
judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of
U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation,
MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central
Bureau of Investigation and Another, (2022) 10 SCC 51, the Court is of the
view that the applicant 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.)
April 2, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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