Allahabad High Court
RIJWANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
In the absence of any material evidence beyond a co‑accused's statement, the accused is entitled to be released on bail.
Summary
The accused Rijwan applied for bail in a case (Crime No. 94 of 2026) involving an alleged robbery of a cash‑laden van during an ATM cash‑loading operation. He claimed he was falsely implicated and that the only evidence against him was a confessional statement of a co‑accused, with no other material recovered. The State opposed the bail, but the court noted the lack of substantive evidence beyond the co‑accused’s statement. Relying on Supreme Court precedents (Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail), the court concluded that the applicant was entitled to bail. Consequently, the bail application was allowed, subject to a personal bond and two sureties.
Issues considered
- Whether bail should be granted when the prosecution's case rests solely on a co‑accused's statement without corroborative material.
- Whether the accused can be considered falsely implicated and thus eligible for bail under the Criminal Procedure Code.
- Application of Supreme Court bail jurisprudence to the present facts.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 310(2), 311, 317(3), 61(2)
Subjects
- bail
- false implication
- co‑accused statement
- Criminal Procedure Code
- Supreme Court precedent
- Uttar Pradesh
- ATM robbery
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33323 of 2026
Rijwan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pravita Singh, Vikash Chandra Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Dhirenda Kumar Srivastava, learned counsel holding brief
appeared for the accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Rijwan to enlarge him on bail in Case Crime No. 94 of 2026, under
Sections 310(2), 311, 317(3), 61(2) BNS, P.S.- Crossing Republic,
District- Ghaziabad, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated during investigation in FIR dated
06.05.2026 lodged by the informant with the allegation that while they
were engaged in reloading of the money in ATM, the Van in which the
currency notes are kept has been robbed by the anonymous persons.
During investigation, the name of co-accused Kaif has been figured out
and in the disclosure statement of the co-accused. Six persons were
named including the accused/applicant, who is pursuing law. It is further
contended that the accused/applicant has no criminal history, he has been
falsely implicated in this case. The applicant is languishing in jail since
11.05.2026. The charge sheet is submitted. There is no other material
available against the accused/applicant than the confessional statement.
He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
BAIL No. 33323 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the name of accused/applicant figured out from the
statement of co-accused having no other material recovered, the
accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 18, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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