Allahabad High Court
RIZWAN AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The applicants are entitled to be released on bail.
Summary
Rizwan and Shahid were arrested in connection with a case involving alleged recovery of a mobile phone, Aadhaar card and SIM card, and charged under several sections of the Indian Penal Code and the Information Technology Act. The applicants argued that they were falsely implicated, noting the absence of any independent witness or corroborative evidence linking them to the offences, and highlighted their clean criminal records (except a disclosed history for Rizwan). The State opposed bail but could not refute these submissions. The Court, after reviewing the record, found prima facie that there is no independent witness or evidence to justify continued detention and that the applicants pose no risk of tampering with evidence or intimidating witnesses. Consequently, the Court ordered that the applicants be released on bail subject to personal bond, sureties and standard conditions. The bail order was made without commenting on the merits of the underlying criminal case.
Issues considered
- Whether the applicants are entitled to bail in the absence of independent witness testimony and corroborative evidence.
- Whether there is a reasonable apprehension that the applicants might tamper with evidence, delay the trial, or intimidate witnesses if released on bail.
Legislation cited
- Indian Penal Code — s. 111(3), 318(4), 336(3), 338, 340(2)
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- false implication
- lack of evidence
- Indian Penal Code
- Information Technology Act
- presumption of innocence
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27745 of 2026
Rizwan And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Garun Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants, Sri N. K. Sharma, learned
A.G.A. for the State and perused the record.
2. The present bail application has been filed with a prayer to enlarge the
applicant on bail in Case Crime No. 189 of 2026, under Sections 318(4),
338, 336(3), 340(2) and 111(3) B.N.S., and Sections 66C and 66D I. T.
Act, Police Station- Shergarh, District- Mathura during pendency of the
trial.
3. Counsel for the applicants contends that the applicants have been
falsely implicated in the present case. False recovery of a mobile phone
and an Aadhaar Card and a SIM card has been shown from each of the
applicants. There is no independent witness to the alleged recovery. No
amount relating to any illicit transaction has been credited to the bank
accounts of the applicants. The applicants are not beneficiaries of any
illicit transaction. At this stage, there is no corroborative evidence to link
the applicants with the offence. It is next contended that the applicants are
neither members of any organized crime syndicate nor have they acted on
behalf of any such syndicate. Criminal history of applicant no.1 has been
explained in paragraph no.2 of the supplementary affidavit. Applicant
no.2 has no criminal history. The applicants are in jail since 07.07.2026
and if they are released on bail, they will not misuse the said liberty.
5. Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
BAIL No. 27745 of 2026
2
6. Having heard learned counsel for the parties and after perusal of the
record, this Court prima facie finds that there is no independent witness to
the alleged recovery. At this stage, there is no corroborative evidence to
link the applicants with the offence. Moreover, the applicants have
remained confined for more than two months and there is no hope of early
conclusion of trial, and no reasonable apprehension has been brought to
the fore by the State that the applicants, if enlarged on bail, would either
tamper with the evidence or delay the trial or intimidate the witness,
therefore, without commenting on the merits of the case, I am of the
opinion that the applicants are entitled to be enlarged on bail.
7. Let the applicants- Rizwan and Shahid, involved in the aforesaid case,
be released on bail on their furnishing a personal bond and two sureties
each in the like amount to the satisfaction of Court concerned subject to
the conditions that they:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall
be at liberty to move bail cancellation application before this Court.
(Vivek Varma, J.)
September 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK SINGH
High Court of Judicature at Allahabad
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