Allahabad High Court
RIZWANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that bail must be granted despite the seriousness of the offences and the applicant’s prior history, as the trial is at an early stage and Supreme Court guidelines favor release on bond and sureties.
Summary
Rizwan applied for bail in a 2009 case (Crime No. 1482) involving alleged fraud under IPC sections 420, 467, 468 and 471, where he is accused of taking a loan on a property already mortgaged. He had previously been granted bail but failed to appear, leading to his re‑arrest on 14‑09‑2025 and continued detention. The State opposed bail, citing the seriousness of the offences and his prior criminal history. The High Court, after hearing counsel, noted that the matter was at a nascent stage and that the applicant’s role did not preclude bail, especially in view of recent Supreme Court pronouncements. Consequently, the court allowed the bail application without addressing the merits, ordering release on personal bond and two sureties, and directed the applicant to cooperate with the judicial process.
Issues considered
- Whether bail should be granted to an accused charged with offences under IPC sections 420, 467, 468 and 471, considering the nature of the alleged fraud and the applicant’s prior criminal history.
- Whether the alleged bail‑jumping by the applicant precludes the grant of bail during the pendency of trial.
Legislation cited
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- fraud
- mortgaged property
- criminal procedure
- Supreme Court precedent
- prior conviction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38684 of 2025
Rizwan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishabh Shukla, Yogendra Nath Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Rajendra Prakash Shukla, learned counsel holding brief for
the accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Rizwan to enlarge him on bail in Case Crime No. 1482 of 2009, under
Sections 420, 467, 468, 471 IPC, P.S.- Nai Mandi, District-
Muzaffarnagar, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the matter is of
the year 2009 lodged by the Bank Manager with the allegation that the
accused persons had taken loan on the property which was already
mortgaged. It is the contention of learned counsel that loan of Rs. 4.5
Lakhs was taken. The accused/applicant was already enlarged on bail but
could not appear before the trial court, as such, processes have been
issued after submission of charge sheet. The accused/applicant has been
arrested on the basis of processes issued by the trial court and since
14.09.2025 the accused/applicant is in jail. The trial is still at nascent
stage. Further submits that the propery which was already auctioned by
the Bank. The applicant has criminal history of one case, wherein he is in
jail. 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.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 38684 of 2025
2
learned counsel for the parties and perused the record.
6. Considering the role of accused/applicant of taking loan from the Bank
on the property which was already mortgaged and the matter pertains to
jumping of bail, 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 30, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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